(b) Aid, assist and
cooperate with the Nevada commissioner for veteran affairs and the Nevada
deputy commissioner for veteran affairs and with the Nevada veterans advisory
commission;

(c) Disseminate
information relating to veterans benefits in cooperation with the Nevada
commissioner for veteran affairs and the Nevada deputy commissioner for veteran
affairs; and

(d) Perform such other
services related to assisting a veteran, his spouse or his dependent as
requested by the board of county commissioners.

3. Two or more
counties jointly may create one office of coordinator of services for veterans
to serve those counties.

Sec. 3. 1. Except as otherwise provided in this section,
the office of coordinator of services for veterans must be supported from money
in the county general fund and from any gifts or grants received by the county
for the support of the office.

2. The board of
county commissioners of a county that creates the office of coordinator of
services for veterans is authorized to accept funds from the Nevada
commissioner for veteran affairs pursuant to subsection 8 of NRS 417.090 for
the support of the office.

3. The board of
county commissioners of a county that creates the office of coordinator of
services for veterans may enter into an agreement with the health division of
the department of human resources for the purpose of obtaining federal matching
funds to contribute to the salaries and expenses of the office of coordinator
of services for veterans for its activities which are reasonably related to the
programs of the health division of the department of human resources and which
benefit or result in cost avoidance for the health division.

4. The board of
county commissioners of a county that creates the office of coordinator of
services for veterans shall, on or before February 1 of each odd-numbered year,
submit a report to the director of the legislative counsel bureau for
distribution to each regular session of the legislature describing the
efficiency and effectiveness of the office. The report must include, without
limitation, the number, total value and average value of the benefits received
by the office on behalf of veterans, their spouses and their dependents.

Sec. 4. NRS 417.090 is
hereby amended to read as follows:

417.090 The commissioner and the deputy
commissioner shall:

1. Assist veterans, and those presently
serving in the military and naval forces of the United States who are residents
of the State of Nevada, their wives, widows, widowers, husbands, children,
dependents, administrators, executors and personal representatives, in
preparing, submitting and presenting any claim against the United States, or
any state, for adjusted compensation, hospitalization, insurance, pension,
disability compensation, vocational training, education, rehabilitation, and
assist them in obtaining any aid or benefit to which they may, from time to
time, be entitled under the laws of the United States or of any of the states.

2. Aid, assist, encourage and cooperate
with every nationally recognized service organization insofar as the activities
of such organizations are for the benefit of veterans and servicemen and women.

3. Give aid, assistance and counsel to
each and every problem, question and situation, individual as well as
collective, affecting any veteran or serviceman or woman, or their dependents,
or any group of veterans or servicemen and women, when in their opinion such
comes within the scope of this chapter.

4. Coordinate activities of veterans
organizations.

5. Serve as a clearinghouse and
disseminate information relating to veterans benefits.

6. Conduct any studies which will assist
veterans to obtain compensation, hospitalization, insurance, pension,
disability compensation, vocational training, education, rehabilitation or any
other benefit to which veterans may be entitled under the laws of the United
States or of any state.

7. Aid, assist and
cooperate with the office of coordinator of services for veterans created in a
county pursuant to section 2 of this act.

8. Pay to each
county that creates the office of coordinator of services for veterans, from
state money available to him, a portion of the cost of operating the office in
an amount determined by the commissioner.

Sec. 5. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

AN ACT relating to government; authorizing
state and local governments to contract for the acceptance of credit cards or
debit cards for certain payments and for the placement of automated tellers at
locations where payments are received; authorizing state and local governments
to impose fees for providing expedited services; and providing other matters
properly relating thereto.

[Approved July 8, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 353 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
6, inclusive, of this act.

Sec. 2. As used in sections 3 to 6, inclusive, of this act, state
agency means an agency, bureau, board, commission, department, division or any
other unit of the executive department of the state government.

Sec. 3. 1. Upon approval of the state board of finance, a
state agency may enter into contracts with issuers of credit cards or debit
cards to provide for the acceptance of credit cards or debit cards by the
agency:

(a) For the payment of
money owed to the agency for taxes, interest, penalties or any other
obligation; or

(b) In payment for goods
or services.

2. Before a state
agency may enter into a contract pursuant to subsection 1, the agency must
submit the proposed contract to the state treasurer for his review and
transmittal to the state board of finance.

3. If the issuer
charges the state agency a fee for each use of a credit card or debit card, a
contract entered into pursuant to subsection 1 must include a provision that
requires the state agency to pay the fee charged by the issuer for the use of
the credit card or debit card.

4. Except as
otherwise provided in subsection 5, the payment of fees charged by the issuer
for each use of a credit card or debit card must be treated in the same manner
as any other administrative cost of the agency.

5. A state agency
that is required to pay a fee charged by the issuer for the use of a credit
card or debit card may, pursuant to section 6 of this act, file a claim with
the director of the department of administration for reimbursement of the fees
paid to the issuer during the immediately preceding quarter.

6. As used in this
section:

(a) Cardholder means
the person or organization named on the face of a credit card or debit card to
whom or for whose benefit the credit card or debit card is issued by an issuer.

(b) Credit card means
any instrument or device, whether known as a credit card or credit plate, or by
any other name, issued with or without a fee by an issuer for the use of the
cardholder in obtaining money, property, goods, services or anything else of value
on credit.

(c) Debit card means
any instrument or device, whether known as a debit card or by any other name,
issued with or without a fee by an issuer for the use of the cardholder in
depositing, obtaining or transferring funds.

(d) Issuer means a
business organization, financial institution or authorized agent of a business
organization or financial institution that issues a credit card or debit card.

Sec. 4. 1. Upon approval of the state board of finance, a
state agency may enter into contracts with financial institutions or other
business organizations for the placement of automated tellers at locations
where the agency receives payment of money.

2. Before a state
agency may enter into a contract pursuant to subsection 1, the agency must submit
the proposed contract to the state treasurer for his review and transmittal to
the state board of finance.

3. As used in this
section, automated teller means an electronic device that dispenses cash in
connection with an account maintained in a financial institution or with
another business.

Sec. 5. 1. Except as otherwise provided in this
subsection and by specific statute, a state agency may charge, in addition to
the fee otherwise imposed for a service provided by the agency, a reasonable fee
for providing the service in an expedited manner or in a manner that is
expeditious or convenient to the customer. A state agency shall not charge a
fee pursuant to this subsection if it is otherwise authorized to charge a fee
for providing special services.

2. The fee
authorized pursuant to subsection 1 must not exceed 5 percent of the fee
otherwise imposed.

3. All fees
collected by a state agency pursuant to this section must be deposited with the
state treasurer for credit to the account for expedited services, which is
hereby created in the state general fund. Any amount remaining in the account
at the end of a fiscal year must be carried forward to the next fiscal year.

Sec. 6. 1. A state agency that has, during the
immediately preceding quarter, provided services in an expedited manner or in a
manner that is expeditious or convenient to a customer may file a claim with
the director of the department of administration for reimbursement of the costs
to the agency for providing those services.

2. Upon receipt of
a claim pursuant to subsection 1, the director of the department of
administration shall make a recommendation to the interim finance committee to
approve the claim in whole or in part or to deny the claim. If the interim
finance committee approves the claim in whole or part, it must be paid from the
account for expedited services created by section 5 of this act.

3. The amount of a
claim submitted pursuant to this section must not exceed the total amount of
the fees deposited by the agency with the state treasurer pursuant to section 4
of this act during the immediately preceding quarter.

Sec. 7. Chapter 354 of NRS
is hereby amended by adding thereto the provisions set forth as sections 8, 9
and 10 of this act.

Sec. 8. 1. A local government may enter into contracts
with issuers of credit cards or debit cards to provide for the acceptance of
credit cards or debit cards by the local government:

(a) For the payment of
money owed to the local government for taxes, interest, penalties or any other
obligation; or

(b) In payment for goods
or services.

2. If the issuer
charges the local government a fee for each use of a credit card or debit card,
a contract entered into pursuant to subsection 1 must include a provision that
requires the local government to pay the fee charged by the issuer for the use
of the credit card or debit card.

3. The payment of
fees charged by the issuer for each use of a credit card or debit card must be
treated in the same manner as any other administrative cost of the local
government.

4. As used in this
section:

(a) Cardholder means
the person or organization named on the face of a credit card or debit card to
whom or for whose benefit the credit card or debit card is issued by an issuer.

(b) Credit card means
any instrument or device, whether known as a credit card or credit plate, or by
any other name, issued with or without a fee by an issuer for the use of the
cardholder in obtaining money, property, goods, services or anything else of value
on credit.

(c) Debit card means
any instrument or device, whether known as a debit card or by any other name,
issued with or without a fee by an issuer for the use of the cardholder in
depositing, obtaining or transferring funds.

(d) Issuer means a
business organization, financial institution or authorized agent of a business
organization or financial institution that issues a credit card or debit card.

(e) Local government
has the meaning ascribed to it in NRS 354.474.

Sec. 9. 1. A local government may enter into contracts
with financial institutions or other business organizations for the placement
of automated tellers at locations where the local government receives payments
of money.

2. As used in this
section:

(a) Automated teller
means an electronic device that dispenses cash in connection with an account
maintained in a financial institution or with another business.

(b) Local government
has the meaning ascribed to it in NRS 354.474.

Sec. 10. 1. Except as otherwise provided by specific
statute, a local government may charge, in addition to the fee otherwise
imposed for a service provided by the local government, a reasonable fee for
providing the service in an expedited manner or in a manner that is expeditious
or convenient to the customer.

2. The fee
authorized pursuant to subsection 1 must not exceed 5 percent of the fee
otherwise imposed.

3. As used in this
section, local government has the meaning ascribed to it in NRS 354.474.

Sec. 11. This act becomes
effective on July 1, 1997.

________

κ1997
Statutes of Nevada, Page 1324κ

CHAPTER 376, SB 36

Senate Bill No.
36Committee on Finance

CHAPTER 376

AN ACT relating to retirement; requiring
the public employees retirement system to study the feasibility of funding a
plan for certain judicial pensions on an actuarial reserve basis and
transferring responsibility for administration of the plan to the public
employees retirement board; authorizing an expenditure to carry out the study;
and providing other matters properly relating thereto.

[Approved July 8, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The public
employees retirement system shall:

1. Conduct a study of the pension plan
for justices of the supreme court and judges of the district courts to
determine the feasibility of funding the plan on an actuarial reserve basis in
accordance with the current design and features of the plan. The study must:

(a) Include:

(1) An actuarial valuation;

(2) An analysis of funding and cash flow;

(3) A review of governmental compliance;
and

(4) A review of issues relating to prior
service and transfer of service;

(b) Examine the feasibility of transferring
responsibility for the administration of the plan to the public employees
retirement board; and

(c) If justices of the peace or judges of the
municipal courts are included in the plan, include an additional similar
analysis relating to that inclusion.

2. On or before December 1, 1998, deliver
a report of its findings and any recommended legislation to the interim
retirement committee of the legislature.

Sec. 2. The public
employees retirement system may expend not more than $22,000 from the public
employees retirement fund to carry out the provisions of section 1 of this
act.

Sec. 3. This act becomes
effective upon passage and approval.

________

κ1997
Statutes of Nevada, Page 1325κ

CHAPTER 377, SB 145

Senate Bill No. 145Senator
Neal

CHAPTER 377

AN ACT relating to convicted persons;
requiring a sheriff or a chief of police with whom a convicted person has
registered to forward information concerning such registration to the central
repository of Nevada records of criminal history in the manner prescribed by
the director of the department of motor vehicles and public safety; revising
the provisions concerning registration for subsequent offenses; making various
other changes to the provisions governing the registration of convicted
persons; and providing other matters properly relating thereto.

[Approved July 8, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 207 of NRS
is hereby amended by adding thereto a new section to read as follows:

Upon registering a convicted
person pursuant to the provisions set forth in NRS 207.080 to 207.150,
inclusive, a sheriff or a chief of police shall forward all information
concerning such registration to the central repository for Nevada records of
criminal history in the manner prescribed by the director of the department of
motor vehicles and public safety.

Sec. 2. NRS 207.080 is
hereby amended to read as follows:

207.080 1. For the purpose
of NRS 207.080 to 207.150, inclusive, and section 1 of
this act, a convicted person is:

(a) [Any]A person convicted in the State of Nevada of an
offense that is punishable as a felony or
convicted in any place other than the State of Nevada of a felony . [or any other offense
which is punishable by imprisonment for 1 year or more.

(b) Any]

(b) A person
convicted in the State of Nevada, or elsewhere, of the violation of [any]a
law, regardless of whether [or not] the violation is punishable as a
felony:

(1) Relating to or regulating the
possession, distribution, furnishing or use of [any]a habit-forming drug of the kind or character
described and referred to in the Uniform Controlled Substances Act ; [.]

(2) Regulating or prohibiting the
carrying, possession or ownership of [any]a concealed weapon, [or]
deadly weapon [, or any]or weapon capable of being concealed, or regulating or
prohibiting the possession, sale or use of [any]a device, instrument or attachment designed or
intended to be used to silence the report or conceal the discharge or flash of
any firearm [.]; or

(3) Regulating or prohibiting the use,
possession, manufacture or compounding of tear gas, or any other gas, [which]that
may be used to disable temporarily or permanently [any]a human being.

(c) [Any person
convicted of a crime in the State of Nevada pursuant to the provisions of NRS
122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270, 201.360 to
201.400, inclusive, 201.420, 202.040, 202.055, 202.200 to 202.230, inclusive,
202.2493, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300,
465.070 to 465.085, inclusive, 646.010 to 646.060,
inclusive, or 647.110 to 647.145, inclusive, or chapter 462 of NRS, or
convicted in any place other than the State of Nevada of an offense which, if
committed in this state, would have been punishable under one or more of those
sections.

inclusive, 646.010 to 646.060,
inclusive, or 647.110 to 647.145, inclusive, or chapter 462 of NRS, or
convicted in any place other than the State of Nevada of an offense which, if
committed in this state, would have been punishable under one or more of those
sections.

(d) Any]A person convicted in the State of Nevada , or elsewhere , of [any]an
attempt or a conspiracy to commit [any]an
offense described or referred to in NRS 207.080 to 207.150, inclusive.

2. [Any]A person, except as set forth in NRS 207.090 to
207.150, inclusive, whose conviction is or has been set aside in the manner
provided by law shall not be deemed a convicted person.

Sec. 3. NRS 207.090 is
hereby amended to read as follows:

207.090 1. It is unlawful
for [any]a
convicted person to be or remain in the State of Nevada for a period of more
than 48 hours without, during such 48-hour period, registering with the sheriff
of [any]a
county or the chief of police of [any]a city in the manner prescribed in this section.

2. [Any]A convicted person who does not reside in the
State of Nevada but who has a temporary or permanent place of abode outside the
State of Nevada, and who comes into the state on five occasions or more during
any 30-day period, is subject to the provisions of NRS 207.080 to 207.150,
inclusive.

3. [Any]A person who has [once]
registered as a convicted person [,]
with the sheriff of [any]a county or the chief of police of [any city, is not required to register again, except as
provided in NRS 207.100; but any person convicted of any of the crimes
enumerated in paragraph (c) of subsection 1 of NRS 207.080]a city shall register again as
provided in this section[,
regardless of whether he has previously so registered as a convicted person by
reason of his conviction of some crime other than those enumerated in paragraph
(c) of subsection 1 of NRS 207.080.

4. Every]if he subsequently commitsanotheroffense described or
referred to inNRS 207.080 to 207.150, inclusive.

4. A person
required by this section to register shall do so by filing with the sheriff or
chief of police a statement in writing, [signed by
such person,] upon a form prescribed and furnished by the sheriff
or chief of police, [giving]which is signed by the person and which provides the
following information:

(a) His true name and [all
aliases which]each alias that
he has used or under which he may have been known ; [.]

(b) A full and complete description of his
person ; [.]

(c) The kind, character and nature of each crime
of which he has been convicted ; [.]

(d) The place [where
each of such crimes was committed and the place or places of conviction.]in which he was convicted of each crime;

(e) The name under which he was convicted in
each instance and the date thereof ; [.]

(f) The name, if any, and the location of each
prison, reformatory, jail or other penal institution in which he was confined
or to which he was sentenced ; [.]

(g) The location and address of his residence,
stopping place, living quarters or place of abode, and if more than one
residence, stopping place or place of abode, that fact
must be stated and the location and address of each given [.

or place of abode, that fact must be stated and the location
and address of each given [.

(h) A statement of the];

(h) The kind of
residence, stopping place, or place of abode in which he resides, [whether it is temporary or permanent; that is,]including whether it is a private residence,
hotel, apartment house or other building or structure ; [.]

(i) The length of time he has occupied each [such] place of residence, stopping place
or place of abode , [;]
and the length of time he expects or intends to remain in the State of Nevada [.

(j) Such other and]; and

(j) Any further
information [as]that may be required by the sheriff or chief of police
for the purpose of aiding and assisting in carrying into effect the provisions
and intent of NRS 207.080 to 207.150, inclusive.

5. When so ordered in the individual case
by the district court in which the conviction was obtained, by the state board
of parole commissioners or by the state board of pardons commissioners,
whichever is appropriate, the provisions of this section do not apply to a
convicted person who has had his civil rights restored.

Sec. 4. NRS 207.100 is
hereby amended to read as follows:

207.100 [Any]A convicted person, except a nonresident, who is
required to register under the provisions of NRS 207.080 to 207.150, inclusive,
who changes his place of residence, stopping place or place of abode, shall,
within 48 hours after [such]the change, and [any]a nonresident mentioned in subsection 2 of NRS
207.090 who has registered and changes his place of residence, stopping place
or place of abode, shall, upon his next entry into the state after [such]the
change, notify the sheriff or chief of police of [such
fact]the change and furnish to [such]the
sheriff or chief of police the address of his new residence, stopping place or
place of abode [in the same manner and with the
same detailed information as is required in the filing of the original
statement under the provisions of NRS 207.090.]by filing with the sheriff or chief of police a written
statement, upon a form prescribed and furnished by the sheriff or chief of
police, which is signed by the person and which provides the following
information:

1. His true name
and each alias that he has used or under which he may have been known;

2. The kind,
character and nature of each crime of which he has been convicted;

3. The place in
which he was convicted of each crime;

4. The name under
which he was convicted in each instance and the date thereof; and

5. The location
and address of his residence, stopping place, living quarters or place of
abode, and, if there is more than one, the location and address of each
residence, stopping place, living quarters or place of abode.

Sec. 5. NRS 179A.070 is
hereby amended to read as follows:

179A.070 1. Record of
criminal history means information contained in records collected and
maintained by agencies of criminal justice, the subject of which is a natural
person, consisting of descriptions which identify the subject and notations of
arrests, detention, indictments, informations or other
formal criminal charges and dispositions of charges, including dismissals,
acquittals, convictions, sentences, correctional supervision occurring in
Nevada, [and] information concerning the status of an offender on parole or
probation [.]

informations or other formal criminal charges and
dispositions of charges, including dismissals, acquittals, convictions,
sentences, correctional supervision occurring in Nevada, [and] information concerning the status
of an offender on parole or probation [.], and information concerning a convicted person who has
registered as such pursuant to NRS 207.080 to 207.150, inclusive. The
term includes only information contained in memoranda of formal transactions
between a person and an agency of criminal justice in this state. The term is
intended to be equivalent to the phrase criminal history record information
as used in federal regulations.

2. Record of criminal history does not
include:

(a) Investigative or intelligence information,
reports of crime or other information concerning specific persons collected in
the course of the enforcement of criminal laws.

(b) Information concerning juveniles.

(c) Posters, announcements or lists intended to
identify fugitives or wanted persons and aid in their apprehension.

(d) Original records of entry maintained by
agencies of criminal justice if the records are chronological and not
cross-indexed in any other way.

(e) Records of application for and issuance,
suspension, revocation or renewal of occupational licenses, including permits
to work in the gaming industry.

(f) Court indices and records of public judicial
proceedings, court decisions and opinions, and information disclosed during
public judicial proceedings.

(g) Records of traffic violations constituting
misdemeanors.

(h) Records of traffic offenses maintained by
the department to regulate the issuance, suspension, revocation or renewal of
drivers or other operators licenses.

(i) Announcements of actions by the state board
of pardons commissioners and the state board of parole commissioners, except
information concerning the status of an offender on parole or probation.

(j) Records which originated in an agency other
than an agency of criminal justice in this state.

AN ACT relating to domestic violence;
establishing a program to assist a victim of domestic violence in establishing
and maintaining a confidential residential address; providing a penalty for knowingly
giving false or incorrect information in an application for the program;
requiring the secretary of state to establish procedures that allow a
participant in the program to register to vote and to vote without revealing
the participants confidential address; making an appropriation; and providing
other matters properly relating thereto.

[Approved July 8, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 217 of
NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 6, inclusive, of this act.

Sec. 2. 1. An adult person, a parent or guardian acting
on behalf of a child, or a guardian acting on behalf of an incompetent person
may apply to the secretary of state to have a fictitious address designated by
the secretary of state serve as the address of the adult, child or incompetent
person.

2. An application
for the issuance of a fictitious address must include:

(a) Specific evidence
showing that the adult, child or incompetent person has been a victim of
domestic violence before the filing of the application;

(b) The address that is
requested to be kept confidential;

(c) A telephone number at
which the secretary of state may contact the applicant;

(d) A question asking
whether the person wishes to:

(1) Register to
vote; or

(2) Change the
address of his current registration;

(e) A designation of the
secretary of state as agent for the adult, child or incompetent person for the
purposes of:

(1) Service of
process; and

(2) Receipt of
mail;

(f) The signature of the
applicant;

(g) The date on which the
applicant signed the application; and

(h) Any other information
required by the secretary of state.

3. It is unlawful
for a person knowingly to attest falsely or provide incorrect information in
the application. A person who violates this subsection is guilty of a
misdemeanor.

4. The secretary
of state shall approve an application if it is accompanied by specific
evidence, such as a copy of an applicable record of conviction, a temporary
restraining order or other protective order, that the adult, child or
incompetent person has been a victim of domestic violence before the filing of
the application.

5. The secretary
of state shall approve or disapprove an application for a fictitious address
within 5 business days after the application is filed.

Sec. 3. 1. If the secretary of state approves an
application, he shall:

(a) Designate a
fictitious address for the participant; and

(b) Forward mail that he
receives for a participant to the participant.

2. The secretary
of state shall not make the confidential address of a participant available for
inspection or copying, unless:

(a) The address is requested
by a law enforcement agency, in which case the secretary of state shall make
the address available to the law enforcement agency; or

(b) He is directed to do
so by lawful order of a court of competent jurisdiction, in which case the
secretary of state shall make the address available to the person identified in
the order.

Sec. 4. If a participant indicates to the secretary of state that the
participant wishes to register to vote or change the address of his current
registration, the secretary of state shall furnish the participant with the
form developed by the secretary of state pursuant to the provisions of section
8 of this act.

Sec. 5. 1. Except as otherwise provided in subsections 2
and 3, the secretary of state shall cancel the fictitious address of a
participant 4 years after the date on which the secretary of state approved the
application.

2. The secretary
of state shall not cancel the fictitious address of a participant if, before
the fictitious address of the participant is canceled, the participant shows to
the satisfaction of the secretary of state that the participant remains in
imminent danger of becoming a victim of domestic violence.

3. The secretary
of state may cancel the fictitious address of a participant at any time if:

(a) The participant
changes his confidential address from the one listed in the application and
fails to notify the secretary of state within 48 hours after the change of
address; or

(b) The secretary of
state determines that false or incorrect information was knowingly provided in
the application.

Sec. 6. The secretary of state shall adopt procedures to carry out the
provisions of sections 2 to 6, inclusive, of this act.

Sec. 7. NRS 217.400 is
hereby amended to read as follows:

217.400 As used in NRS 217.400 to
217.460, inclusive [:], and sections 2 to 6, inclusive, of this act, unless the
context otherwise requires:

1.Division
means the division of child and family services of the department of human
resources.

2. Domestic violence means:

(a) The attempt to cause or the causing of
bodily injury to a family or household member or the placing of the member in
fear of imminent physical harm by threat of force.

(b) Any of the following acts committed by a
person against a family or household member, a person with whom he had or is
having a dating relationship or with whom he has a child in common, or upon his
minor child or a minor child of that person:

(3) Compelling the other by force or
threat of force to perform an act from which he has the right to refrain or to
refrain from an act which he has the right to perform.

(4) A sexual assault.

(5) A knowing, purposeful or reckless
course of conduct intended to harass the other. Such conduct may include, but
is not limited to:

(I) Stalking.

(II) Arson.

(III) Trespassing.

(IV) Larceny.

(V) Destruction of private
property.

(VI) Carrying a concealed weapon
without a permit.

(6) False imprisonment.

(7) Unlawful entry of the others
residence, or forcible entry against the others will if there is a reasonably
foreseeable risk of harm to the other from the entry.

3. Family or household member means a
spouse, a former spouse, a parent or other adult person who is related by blood
or marriage or is or was actually residing with the person committing the act
of domestic violence.

4. Participant
means an adult, child or incompetent person for whom a fictitious address has
been issued pursuant to sections 2 to 6, inclusive, of this act.

5. Victim
of domestic violence includes the dependent children of the victim.

Sec. 8. Chapter 293 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The secretary
of state shall establish procedures to allow a person for whom a fictitious
address has been issued pursuant to sections 2 to 6, inclusive, of this act,
to:

(a) Register to vote; and

(b) Vote by absent
ballot,

without revealing the confidential
address of the person.

2. In addition to
establishing appropriate procedures or developing forms pursuant to subsection
1, the secretary of state shall develop a form to allow a person for whom a
fictitious address has been issued to register to vote or to change the address
of his current registration. The form must include:

(a) A section that
contains the confidential address of the person; and

(b) A section that
contains the fictitious address of the person.

3. Upon receiving
a completed form from a person for whom a fictitious address has been issued,
the secretary of state shall:

(a) On the portion of the
form that contains the fictitious address of the person, indicate the county
and precinct in which the person will vote and forward this portion of the form
to the appropriate county clerk; and

(b) File the portion of
the form that contains the confidential address.

4. Notwithstanding
any other provision of law, any request received by the secretary of state
pursuant to subsection 3 shall be deemed a request for a permanent absent ballot.

5. Notwithstanding
any other provision of law, the secretary of state and each county clerk:

(a) Shall keep the
portion of the form developed pursuant to subsection 2 that he retains separate
from other applications for registration; and

(b) Shall not make the
name, confidential address or fictitious address of the person who has been
issued a fictitious address available for:

(1) Inspection or
copying; or

(2) Inclusion in
any list that is made available for public inspection,

unless he is directed to do so by
lawful order of a court of competent jurisdiction.

Sec. 9. 1. There
is hereby appropriated from the state general fund to the office of the
secretary of state for carrying out the provisions of sections 2 to 6,
inclusive, of this act:

For the fiscal year 1997-1998........................................................................... $22,393

For the fiscal year 1998-1999........................................................................... $20,939

2. Any balance of the sums appropriated
by subsection 1 remaining at the end of the respective fiscal years must not be
committed for expenditure after June 30 of the respective fiscal years and
reverts to the state general fund as soon as all payments of money committed
have been made.

Sec. 10. The
provisions of subsection 1 of NRS 354.599 do not apply to any additional
expenses of a local government that are related to the provisions of this act.

________

CHAPTER 379, SB 414

Senate Bill No.
414Committee on Natural Resources

CHAPTER 379

AN ACT relating to water; revising the
provisions for planning and remediation in certain counties; and providing
other matters properly relating thereto.

[Approved July 8, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 540A of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
6, inclusive, of this act.

Sec. 2. 1. Before determining the boundaries of a
district for remediation, the board shall hold a hearing. It shall cause notice
of the hearing to be published at least once not less than 15 days before the
hearing in a display advertisement at least 3 by 5 inches in size in a
newspaper of general circulation in the county. The notice must contain a
description of the boundaries of the district by assessors parcel number, or
by metes and bounds or other legal description, or state that a description of
the boundaries of the district is on file at the office of the county clerk for
public examination.

2. After the
hearing, the board shall make such adjustments to the proposed boundaries of
the district as appear to the board to be necessary, but the boundaries may not
be expanded to include any property not included in the proposed boundaries of
the district described in the notice of hearing or filed with the county clerk
unless another hearing is held, after notice given by publication in the manner
provided in subsection 1. After the hearing and any adjustment to the
boundaries of the district required by this section, the board shall designate
the boundaries of the district by ordinance, which may not be adopted as if an
emergency existed.

3. The board may
from time to time amend the boundaries of the district. Any such amendment must
be made by ordinance adopted after a hearing held in the manner provided in
subsection 1. Notice of that hearing must be given by publication in the manner
provided in subsection 1. The board may not amend the boundaries of the
district to exclude any property if bonds have been issued or other financial
obligations incurred for the district until those bonds or other financial
obligations have been paid in full.

4. The territory
of the district established pursuant to subsection 2 and, if applicable,
expanded pursuant to subsection 3 need not be contiguous.

Sec. 3. 1. The board, by ordinance, which may not be
adopted as if an emergency existed, may determine and from time to time
redetermine the amount of an annual fee, to recover the costs of developing and
carrying out the plan for remediation, to be imposed on the properties in the
district for remediation. In making the determination, the board may apportion the
fee on the basis of improved square footage, zoning, current or previous land
use, area or any other factor determined relevant and equitable by the board.
If the condition requiring remediation affects the quality or quantity of
drinking water within the region, the fee must:

(a) Be based upon a
percentage of the total amount billed in the preceding calendar year to each
parcel or property within the district for water by the provider of retail
water service to the parcel or property;

(b) Be weighted and
adjusted between parcels or properties within the district, if applicable, to
reflect varying levels of effect of the contamination, varying levels of value
resulting from remediation or other factors deemed relevant by the board;

(c) For any parcel or
property for which the fee is weighted or adjusted, not be less than one-half
or more than twice the percentage established pursuant to paragraph (a); and

(d) For parcels or
properties within the district where retail water service is not provided or for
which a full calendar years billing is unavailable, be based upon an estimated
billing taking into account a partial years billing extended to 12 months or
an average of fees for parcels or properties with comparable zoning or uses.

2. A fee imposed
pursuant to subsection 1 must be collected by the county treasurer with the
general taxes of the county, and the payment therefor must be enforced in the
same manner and with same remedies as are provided for the collection of
general taxes.

3. If so requested
by the county, all persons who sell water at wholesale or retail within the
district shall furnish to the county, within 3 months after a request or at a later time specified by the board, a list
identifying by assessors parcel number each property for use on which water
was sold and the amount billed with respect to each parcel for water during the
year designated by the board.

a request or at a later time
specified by the board, a list identifying by assessors parcel number each
property for use on which water was sold and the amount billed with respect to
each parcel for water during the year designated by the board. No charge may be
made to the county for furnishing the list.

4. In lieu of the
fee authorized by subsection 1, the board may constitute the district for
remediation as a special taxing district and impose a general ad valorem tax on
all taxable property in the district at a rate sufficient to pay the costs of
developing and carrying out the plan for remediation. The board is the
governing body of any special taxing district established pursuant to this
subsection. The budget of any such special taxing district must be included as
part of the budget of the county and its meetings must be held as part of the
meetings of the board. Any tax imposed pursuant to this subsection is exempt
from the limitations on taxes ad valorem stated in chapter 354 of NRS. No
portion of any tax imposed pursuant to this subsection may be allocated to any
redevelopment area or tax increment area whose boundaries overlap in whole or
in part the district for remediation.

Sec. 4. 1. The board may issue bonds and otherwise borrow
money in anticipation of the fees or taxes, or any combination thereof,
collected pursuant to section 3 of this act to pay the costs of developing and
carrying out the plan for remediation, including any of the costs mentioned in
subsection 3 of NRS 540A.260.

2. The board may
issue those bonds as, or may borrow money evidenced by, special obligations of
the county secured solely by those fees or taxes, or any combination thereof,
or general obligations of the county, whose payment is additionally secured by
those fees or taxes, or any combination thereof.

3. The taxes or
fees that are pledged as additional security for those general obligations are
pledged revenues for the purposes of subsection 3 of NRS 350.020.

Sec. 5. 1. Chapters 332 and 338 of NRS do not apply to a
contract made by a person to accomplish the purposes of NRS 540A.250 to
540A.280, inclusive, and sections 2 to 6, inclusive, of this act or to a
contract made by the county to carry out the plan for remediation with any
provider of water service to the district for remediation.

2. The county need
not own the property on which any remediation equipment or improvements are
located or used, or acquire ownership of any remediation equipment or
improvements whose cost is paid from money of the county, including proceeds of
bonds issued pursuant to section 4 of this act, if the board determines there
are adequate contractual safeguards to ensure that the equipment or
improvements are used to further the plan for remediation.

Sec. 6. 1. A determination by the board pursuant to NRS
540A.250 to 540A.280, inclusive, and sections 2 to 6, inclusive, of this act,
including a determination of the boundaries of a district for remediation or
any expansion thereof, determination of the costs of developing or carrying out
a plan for remediation, determination of the apportionment of the fee to
recover those costs pursuant to section 3 of this act, determination of the amount of any fee or tax pursuant to section 3 of this act,
determination as to guidelines for the provision of any reimbursement of the
cost of remediation pursuant to NRS 540A.270, determination of the amount of
any reimbursements and any determinations made in connection with the issuance
of bonds pursuant to section 4 of this act, is conclusive and incontestable in
the absence of fraud or gross abuse of discretion.

amount of any fee or tax pursuant to
section 3 of this act, determination as to guidelines for the provision of any
reimbursement of the cost of remediation pursuant to NRS 540A.270,
determination of the amount of any reimbursements and any determinations made
in connection with the issuance of bonds pursuant to section 4 of this act, is
conclusive and incontestable in the absence of fraud or gross abuse of
discretion.

2. A property
owner or other person who is aggrieved by a determination of the board pursuant
to NRS 540A.250 to 540A.280, inclusive, and sections 2 to 6, inclusive, of this
act may seek review of the determination in the district court in and for the
county within 15 days after the board makes the determination. Such a review
may not be sought after the expiration of that period. If, in such an appeal,
the court finds that the determination was a result of fraud or gross abuse of
discretion, it shall remand the matter to the board for a new determination. If
the court does not find the determination was a result of fraud or gross abuse
of discretion, it shall uphold the action of the board.

Sec. 7. NRS 540A.070 is
hereby amended to read as follows:

540A.070 1. To fund the
planning and administration required by this chapter [,]and the implementation of the plan developed pursuant to
NRS 540A.130, the board may impose a fee at a rate of not to exceed 1.5
percent of the amount otherwise billed, to be collected by each supplier of
water from its customers within the region. The fee must be imposed by
ordinance [adopted in a manner other than is
provided for in a case of emergency.]which
may not be adopted as if an emergency existed.

2. A supplier or provider shall state
separately on its billings to customers the amount charged because of any fee
imposed pursuant to subsection 1.

Sec. 8. NRS 540A.150 is
hereby amended to read as follows:

540A.1501. The plan
must be consistent with and carry out the provisions of the comprehensive
regional plan adopted by the governing board for regional planning pursuant to
NRS 278.0276 and the comprehensive plans, area plans and master plans for the
use of land which are adopted by local governmental entities within the region.

2. The plan must be consistent with and
carry out or support the carrying out of all aspects of Public Law 101-618, 104
Stat. 3324.

3. The plan or an
amendment must be consistent with the state water plan in effect at the
time that the plan is adopted.

Sec. 9. NRS 540A.250 is
hereby amended to read as follows:

540A.250 1. The board [of county commissioners] shall create a
district for remediation of the quality of water if the county or district
health officer or the administrator of the division [of
environmental protection of the state department of conservation and natural
resources] certifies in writing to the board that a condition
exists in an area of the region which is affecting or will affect the quality
of water that is available for municipal, industrial or domestic use within the
region.

2. Upon receipt of the certificate, the
board shall proceed, in cooperation with the health officer and the division,
to verify the existence and extent of the condition and establish the
appropriate boundaries of the district. Money expended by the board for this
purpose may be recovered, after the district is
established, [pursuant to a plan of assessment for the district.]

after the district is established, [pursuant
to a plan of assessment for the district.]from the proceeds of bonds issued pursuant to section 4 of
this act or from a fee or tax imposed pursuant to section 3 of this act.

3. The district created pursuant to this
section must include : [,
without limitation:]

(a) The [entire]
area where the condition which requires remediation is determined
by the board to be present [;

(b) The entire area]or for which remediation is determined by the board to be necessary [; and

(c) Any other area which
will benefit directly or indirectly from the protection of the quality or
quantity of water which is available for municipal, industrial or domestic use.], including any area to which the condition is expected
to migrate unless remediation is carried out; and

(b) If the board
determines that the condition which requires remediation affects the quantity
or quality of drinking water within the region, the wholesale and retail
service area of any provider of water that has used or uses for any portion of
its supply wells located in the area described in paragraph (a).

Sec. 10. NRS 540A.260 is
hereby amended to read as follows:

540A.260 1. Before creating
a district for remediation pursuant to NRS 540A.250, the board [of county commissioners] shall prepare a
plan for remediation which must be approved by the division .[of environmental
protection of the state department of conservation and natural resources.]

2. The plan for remediation may include [, without limitation,] any action which
is reasonable and economically feasible in the event of the release or threat
of release of any hazardous substance into the environment which may affect the
water quality in this state. Such action may include : [, without limitation:]

(a) Monitoring, assessing and evaluating the
water which may be affected by the substance;

(b) Removing or disposing of the substance or
remedying the condition of the water in any other manner; and

(c) Taking such actions as are necessary to
prevent, minimize or mitigate damage to the affected water.

3. After the plan for remediation is
approved by the division, the board shall determine [:

(a) The basis upon which
assessments may equitably and proportionally be imposed upon property within
the district; and

(b) The amount of the
assessment to be imposed upon each parcel of land within the district,
identified by the parcel number assigned for the purpose of taxation ad
valorem.

4. Any assessment
imposed pursuant to this section must be imposed equitably and proportionately
on the basis of the quantity of water delivered to or diverted on the property
for municipal, industrial or domestic use during the calendar year immediately
preceding the assessment, as determined from information available to the board,
or on the special benefit accruing to the property from remedying the
condition, or a combination thereof, but in no event may any assessment exceed
the reasonable market value of the property as determined by the board. If water was delivered to or diverted on the property for less
than a full calendar year preceding the assessment or not at all, the board
shall consider any benefit to the property from the protection of the quality
or quantity of water available for municipal, industrial or domestic uses in
making the assessment, as well as the special benefit accruing to the property
from remedying the condition.

water was delivered to or diverted on
the property for less than a full calendar year preceding the assessment or not
at all, the board shall consider any benefit to the property from the
protection of the quality or quantity of water available for municipal,
industrial or domestic uses in making the assessment, as well as the special
benefit accruing to the property from remedying the condition.

5.], and may from time to time redetermine, the costs of
developing and carrying out the plan for remediation. The costs may include all
or part of:

(a) The cost of
acquisition, construction, equipment or other improvement of real and personal
property in developing and carrying out the plan for remediation;

(b) The cost of
engineering and design in connection with developing and carrying out the plan
for remediation;

(c) The cost of
operation, maintenance, monitoring, administration, collection and other
continuing charges in connection with developing and carrying out the plan for
remediation;

(d) Any reimbursements as
provided in subsection 2 of NRS 540A.250 or NRS 540A.270;

(e) Principal, interest
and other charges due in connection with bonds or other borrowing incurred to
pay the costs of developing and carrying out the plan for remediation;

(f) The cost of
operation, maintenance, administration and other continuing charges in
connection with carrying out the responsibilities of the district for
remediation, including the cost to notify the general public of the plan for
remediation and the activities of the district; and

(g) All other costs and
expenses that the board determines are reasonably related to the development
and carrying out of the plan for remediation or the financing thereof, or to
the activities or responsibilities of the district for remediation.

4. An owner
or lessee of property within the district who did not cause or contribute to
the condition which the district was created to remedy is not subject to
criminal or civil liability, including, without limitation, any liability for
the cost of remediation or any related damage or injury caused by the
condition, except to the extent of any unpaid assessments levied against the
property.

[6. In
preparing the plan, establishing the district, implementing the plan,
establishing an assessment roll, hearing complaints, objections or protests to
assessments, levying assessments, apportioning assessments based upon a
division of a tract, refunding a surplus, paying deficiencies in assessments,
pledging revenues, determining assessments, placing omitted property on the
assessment roll, issuing bonds and collecting and enforcing delinquent
assessments the board shall, to the extent practicable, comply with the
provisions of chapter 271 of NRS and the owners of property must be granted the
rights and remedies provided for owners of property in chapter 271 of NRS,
except that the provisions of NRS 271.306 do not apply to this chapter.

5. No
person, governmental agency or charitable organization, whether
or not otherwise exempt from assessment or taxation, except the Federal
Government, is exempt from an assessment levied pursuant to this section.

Sec. 11. NRS 540A.270 is
hereby amended to read as follows:

540A.270 1. The
board [of county commissioners] may
reimburse a person, governmental agency or public utility for any expenses
incurred in identifying, studying and remedying, or attempting in good faith to
remedy, the condition before the district is created [.], or thereafter for costs and expenses that are in
conformity with and further the plan for remediation or operation of the
district. No reimbursement may be allowed for any expense that any person
incurs in connection with disturbing the ground for the construction or
improvement of property in the district unless the board determines that the
cost or expense is in furtherance of the plan for remediation and is a cost or
expense which would have been cost-effective and beneficial to incur to further
the plan for remediation.

2. The board may
establish criteria for the reimbursement of a person, governmental agency or
public utility for expenses pursuant to subsection 1. The criteria must include
adequate safeguards so that costs reimbursed include only the actual costs of
the activities undertaken as provided in this section. No reimbursement may be
provided for any cost incurred after the creation of the district unless before
the cost is incurred by the person or entity seeking reimbursement, the amount
is approved by the board and the board determines that the cost is in
furtherance of the plan for remediation. The board may establish criteria with
respect to the amount of reimbursement for particular activities and with
respect to the process to be followed in establishing reasonable costs for
reimbursement, including, at the boards discretion, any requirement for
bidding on any construction or any acquisition of equipment.

3. The
reimursement may be made only if money is available from the proceeds of bonds
issued or from fees or taxes imposed pursuant to NRS 540A.250 to 540A.280,
inclusive, and sections 2 to 6, inclusive, of this act which are not otherwise
required to be expended for other purposes. Those sections do not constitute a
requirement that the county make any reimbursements.

Sec. 12. NRS 540A.280 is
hereby amended to read as follows:

540A.280 [Any
recovery from a person who has caused or contributed to the condition requiring
remediation must be used to offset the cost of remediation and must be credited
to the assessments.]

1. If, during an
investigation to establish the boundary of a district for remediation,
development of a plan for remediation or the carrying out of the plan, the
board acquires evidence that a person has caused or contributed to the
condition requiring remediation, the board shall provide this evidence to the
division for appropriate action. In addition to any other action authorized by
statute, the department may by legal action recover from the person responsible
the costs of remediation incurred by the county or district. Any monetary
recovery from the person responsible, excluding any money recovered as a
penalty, must be distributed and applied in the following order of priority:

(a) To the department to
pay the costs of recovery and to offset the costs of remediation incurred by
the department; and

(b) To the board to
offset the costs of remediation incurred by the county or district.

2. Any recovery
distributed to the board must be used to reduce the fee or tax or to defray any
increase in the fee or tax that would otherwise be charged against the parcels
or properties within the district, as determined by the board.

3. As used in this
section, department means the state department of conservation and natural
resources.

Sec. 13. NRS 279.676 is
hereby amended to read as follows:

279.676 1. Any redevelopment
plan may contain a provision that taxes, if any, levied upon taxable property
in the redevelopment project each year by or for the benefit of the state, any
city, county, district or other public corporation, after the effective date of
the ordinance approving the redevelopment plan, must be divided as follows:

(a) That portion of the taxes which would be
produced by the rate upon which the tax is levied each year by or for each of the
taxing agencies upon the total sum of the assessed value of the taxable
property in the redevelopment project as shown upon the assessment roll used in
connection with the taxation of the property by the taxing agency, last
equalized before the effective date of the ordinance, must be allocated to and
when collected must be paid into the funds of the respective taxing agencies as
taxes by or for such taxing agencies on all other property are paid. To
allocate taxes levied by or for any taxing agency or agencies which did not
include the territory in a redevelopment project on the effective date of the
ordinance but to which the territory has been annexed or otherwise included
after the effective date, the assessment roll of the county last equalized on the
effective date of the ordinance must be used in determining the assessed
valuation of the taxable property in the project on the effective date. If
property which was shown on the assessment roll used to determine the amount of
taxes allocated to the taxing agencies is transferred to the state and becomes
exempt from taxation, the assessed valuation of the exempt property as shown on
that assessment roll must be subtracted from the assessed valuation used to
determine the amount of revenue allocated to the taxing agencies.

(b) [That]Except as otherwise provided in section 3 of this
act, that portion of the levied taxes each year in excess of that amount
must be allocated to and when collected must be paid into a special fund of the
redevelopment agency to pay the principal of and interest on loans, money
advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise,
incurred by the redevelopment agency to finance or refinance, in whole or in
part, the redevelopment project. Unless the total assessed valuation of the
taxable property in a redevelopment project exceeds the total assessed value of
the taxable property in the project as shown by the last equalized assessment
roll referred to in paragraph (a), all of the taxes levied and collected upon
the taxable property in the redevelopment project must be paid into the funds
of the respective taxing agencies. When such loans, advances and indebtedness,
if any, and interest thereon, have been paid, all money
thereafter received from taxes upon the taxable property in the redevelopment
project must be paid into the funds of the respective taxing agencies as taxes
on all other property are paid.

paid, all money thereafter received from taxes upon the
taxable property in the redevelopment project must be paid into the funds of
the respective taxing agencies as taxes on all other property are paid.

2. Except as otherwise provided in
subsection 3, in any fiscal year, the total revenue paid to a redevelopment
agency in combination with the total revenue paid to any other redevelopment
agencies and any tax increment areas of a municipality must not exceed:

(a) In a municipality whose population is
100,000 or more, an amount equal to the combined tax rates of the taxing
agencies for that fiscal year multiplied by 10 percent of the total assessed
valuation of the municipality.

(b) In a municipality whose population is less
than 100,000, an amount equal to the combined tax rates of the taxing agencies
for that fiscal year multiplied by 15 percent of the total assessed valuation
of the municipality.

If the revenue paid to a redevelopment agency must be
limited pursuant to paragraph (a) or (b) and the municipality has more than one
redevelopment agency or tax increment area, or one of each, the municipality
shall determine the allocation to each agency and area. Any revenue which would
be allocated to a redevelopment agency but for the provisions of this section
must be paid into the funds of the respective taxing agencies.

3. The taxing agencies shall continue to
pay to a redevelopment agency any amount which was being paid before July 1,
1987, and in anticipation of which the agency became obligated before July 1,
1987, to repay any bond, loan, money advanced or any other indebtedness,
whether funded, refunded, assumed or otherwise incurred.

4. For the purposes of this section, the
assessment roll last equalized before the effective date of the ordinance
approving the redevelopment plan is the assessment roll in existence on March
15 immediately preceding the effective date of the ordinance.

Sec. 14. NRS 354.59811 is
hereby amended to read as follows:

354.59811 Except as otherwise provided in
NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705,
450.425 and 543.600, and section 3 of this act, for
each fiscal year beginning on or after July 1, 1989, the maximum amount of
money that a local government, except a school district, a district to provide
a telephone number for emergencies, or a redevelopment agency, may receive from
taxes ad valorem, other than those attributable to the net proceeds of minerals
or those levied for the payment of bonded indebtedness and interest thereon
incurred as a general or medium-term obligation of the issuer, or for the
payment of obligations issued to pay the cost of a water project pursuant to
NRS 349.950, or for the payment of obligations under a capital lease executed
before April 30, 1981, must be calculated as follows:

1. The rate must be set so that when
applied to the current fiscal years assessed valuation of all property which
was on the preceding fiscal years assessment roll, together with the assessed
valuation of property on the central assessment roll which was allocated to the
local government, but excluding any assessed valuation attributable to the net
proceeds of minerals, assessed valuation attributable to a redevelopment area
or tax increment area and assessed valuation of a fire protection district
attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will
produce 106 percent of the maximum revenue allowable from taxes ad valorem for
the preceding fiscal year, except that the rate so determined must not be less
than the rate allowed for the previous fiscal year, except for any decrease
attributable to the imposition of a tax pursuant to NRS 354.59813 in the
previous year.

public ownership for the purpose of conservation, it will
produce 106 percent of the maximum revenue allowable from taxes ad valorem for
the preceding fiscal year, except that the rate so determined must not be less
than the rate allowed for the previous fiscal year, except for any decrease
attributable to the imposition of a tax pursuant to NRS 354.59813 in the
previous year.

2. This rate must then be applied to the
total assessed valuation, excluding the assessed valuation attributable to the
net proceeds of minerals and the assessed valuation of a fire protection
district attributable to real property which is transferred from private
ownership to public ownership for the purpose of conservation but including new
real property, possessory interests and mobile homes, for the current fiscal
year to determine the allowed revenue from taxes ad valorem for the local
government.

Sec. 15. NRS 361B.260 is
hereby amended to read as follows:

361B.260 1. After the
effective date of the ordinance, including any supplemental ordinance adopted
pursuant to NRS 361B.250, unconditionally ordering the undertaking and
providing for financing by tax increment, any taxes levied upon taxable
property in the tax increment area each year by or for the benefit of the
state, the municipality and any public body must be divided as follows:

(a) That portion of the taxes which would be
produced by the rate upon which the tax is levied each year by or for each of
those taxing agencies upon the total sum of the assessed value of the taxable
property in the tax increment area as shown upon the assessment roll used in
connection with the taxation of the property by the taxing agency, last
equalized before the effective date of the ordinance, must be allocated to and
when collected must be paid into the funds of the respective taxing agencies as
taxes by or for the taxing agencies as taxes on all other property are paid.

(b) Except as otherwise provided in subsection 2
[,]and
section 3 of this act, the portion of the levied taxes each year in
excess of that amount must be allocated to and when collected must be paid into
the tax increment account pertaining to the undertaking to pay the bond
requirements of loans, money advanced to, or indebtedness, whether funded,
refunded, assumed, or otherwise, incurred by the municipality to finance or
refinance, in whole or in part, the undertaking. Unless the total assessed
valuation of the taxable property in the tax increment area exceeds the total
assessed value of the taxable property in the area as shown by the last
equalized assessment roll referred to in subsection 1, all of the taxes levied
and collected upon the taxable property in the area must be paid into the funds
of the respective taxing agencies. When the loans, advances and indebtedness,
if any, and interest thereon, have been paid, all money thereafter received
from taxes upon the taxable property in the area must be paid into the funds of
the respective taxing agencies as taxes on all other property are paid.

2. Except as otherwise provided in
subsection 3, in any fiscal year, the total revenue paid to a tax increment
area in combination with the total revenue paid to any other tax increment
areas and any redevelopment agencies of a municipality must not exceed:

(a) In a municipality whose population is
100,000 or more, an amount equal to the combined tax rates of the taxing
agencies for that fiscal year multiplied by 10 percent of the total assessed
valuation of the municipality.

(b) In a municipality whose population is less
than 100,000, an amount equal to the combined tax rates of the taxing agencies
for that fiscal year multiplied by 15 percent of the total assessed valuation
of the municipality.

If the revenue paid to a tax increment area must be limited
pursuant to paragraph (a) or (b) and the municipality has more than one
redevelopment agency or tax increment area, or one of each, the municipality
shall determine the allocation to each agency and area. Any revenue which would
be allocated to a tax increment area but for the provisions of this section
must be paid into the funds of the respective taxing agencies.

3. The taxing agencies shall continue to
pay to a tax increment area any amount which was being paid before July 1,
1987, and in anticipation of which the area became obligated before July 1,
1987, to repay any bond, loan, money advanced or any other indebtedness,
whether funded, refunded, assumed or otherwise incurred.

4. For the purposes of this section, the
last equalized assessment roll referred to in subsection 1 is the assessment
roll in existence on the 15th day of March immediately preceding the effective
date of the ordinance.

Sec. 44. 1. This
section and sections 1 to 33, inclusive, 34, 34.5 and 35 to 43, inclusive, of
this act become effective on July 1, 1995.

2. Sections
33.5 and 34.7 become effective on July 30, 1997.

[3. Sections
2 to 27, inclusive, and 39 expire by limitation on July 30, 1997.]

Sec. 17. This act becomes
effective on July 1, 1997.

________

CHAPTER 380, SB 449

Senate Bill No.
449Senators James and ODonnell

CHAPTER 380

AN ACT relating to persons; providing for
a hearing conducted by a special master to determine the person most qualified
and suitable to serve as guardian for a proposed ward or to take custody of
certain children; authorizing the court or a special master to allow certain
persons to testify at a hearing to determine the person most qualified and
suitable to serve as guardian for a proposed ward or to take custody of certain
children; revising the provisions governing the appointment and removal of
guardians; and providing other matters properly relating thereto.

[Approved July 8, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 159 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2, 3
and 4 of this act.

Sec. 2. 1. If the court determines that a person is in
need of a guardian pursuant to NRS 159.054, the court may order the appointment
of a special master from among the members of the
State Bar of Nevada to conduct a hearing to identify the person most qualified
and suitable to serve as guardian for the proposed ward.

a special master from among the
members of the State Bar of Nevada to conduct a hearing to identify the person
most qualified and suitable to serve as guardian for the proposed ward.

2. Not later than
5 calendar days after the hearing, the special master shall prepare and submit
to the court his recommendation regarding which person is most qualified and
suitable to serve as guardian for the proposed ward.

Sec. 3. If the court or a special master appointed pursuant to section
2 of this act finds that a person, including, but not limited to, a parent or
other relative, teacher, friend or neighbor of a proposed ward:

1. Has a personal
interest in the well-being of the proposed ward; or

2. Possesses
information that is relevant to the determination of who should serve as
guardian for the proposed ward,

the court or a special master
appointed pursuant to section 2 of this act may allow the person to testify at
any hearing held pursuant to this chapter to determine the person most
qualified and suitable to serve as guardian for the proposed ward.

Sec. 4. 1. Notwithstanding any other provision of law, if
a guardian is appointed for a minor, except as otherwise provided in subsection
2, the court shall not remove the guardian or appoint another person as
guardian unless the court finds that removal of the guardian or appointment of
another person as guardian is in the best interests of the minor.

2. The court may
remove the guardian of a minor or appoint another person as guardian if the
guardian files a petition to resign his position as guardian.

Sec. 5. NRS 159.044 is
hereby amended to read as follows:

159.044 1. Except as
otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a
nonprofit corporation or any concerned person may petition the court for the
appointment of a guardian.

2. The petition must state:

(a) The name and address of the petitioner.

(b) The name, age and address of the proposed
ward.

(c) Whether the proposed ward is a resident or
nonresident of this state.

(d) The names and addresses, so far as they are
known to the petitioner, of the relatives of the proposed ward within the
second degree.

(e) The name and address of the proposed guardian.

(f) That the proposed guardian has never been
convicted of a felony.

(g) A summary of the reasons why a guardian is
needed.

(h) Whether the appointment of a general or a
special guardian is sought.

(i) A general description and the probable value
of the property of the proposed ward and any income to which he is entitled, if
the petition is for the appointment of a guardian of the estate or a special
guardian. If any money is paid or is payable to the proposed ward by the United
States through the Department of Veterans Affairs, the petition must so state.

(j) The name and address of any person or
institution having the care, custody or control of the proposed ward.

(k) The relationship, if any, of the petitioner
to the proposed ward and the interest, if any, of the petitioner in the
appointment.

(l) Requests for any of the specific powers set
forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to
carry out the duties of the guardianship.

(m) Whether the
guardianship is sought as the result of an investigation of a report of abuse
or neglect that is conducted pursuant to chapter 432B of NRS by an agency which
provides protective services. As used in this paragraph, agency which provides
protective services has the meaning ascribed to it in NRS 432B.030.

Sec. 6. NRS 159.061 is
hereby amended to read as follows:

159.061 1. The
parents of a minor, or either parent, if qualified and suitable, are preferred
over all others for appointment as guardian for the minor.

2. Subject
to [this preference,]the preference set forth in subsection 1, the court
shall appoint as guardian for an incompetent, a person of limited capacity or
minor the qualified person who is most suitable and is willing to serve.

3. In
determining who is most suitable, the court shall give consideration, among
other factors, to:

[1.](a) Any request for the appointment as guardian
for an incompetent contained in a written instrument executed by the
incompetent while competent.

[2.](b) Any nomination of a guardian for an
incompetent, minor or person of limited capacity contained in a will or other
written instrument executed by a parent or spouse of the proposed ward.

[3.](c) Any request for the appointment as guardian
for a minor 14 years of age or older made by the minor.

[4.](d) The relationship by blood or marriage of the
proposed guardian to the proposed ward.

(e) Any recommendation
made by a special master pursuant to section 2 of this act.

Sec. 7. Chapter 432B of NRS
is hereby amended by adding thereto the provisions set forth as sections 8 and
9 of this act.

Sec. 8. 1. If the court determines that a child must be
kept in protective custody pursuant to NRS 432B.480 or must be placed in
temporary or permanent custody pursuant to NRS 432B.550, the court may, before
placing the child in the temporary or permanent custody of a person, order the
appointment of a special master from among the members of the State Bar of
Nevada to conduct a hearing to identify the person most qualified and suitable
to take custody of the child in consideration of the needs of the child for
temporary or permanent placement.

2. Not later than
5 calendar days after the hearing, the special master shall prepare and submit
to the court his recommendation regarding which person is most qualified and
suitable to take custody of the child.

Sec. 9. If the court or a special master appointed pursuant to section
8 of this act finds that a person, including, but not limited to, a parent or
other relative, teacher, friend or neighbor of a child:

1. Has a personal
interest in the well-being of the child; or

2. Possesses
information that is relevant to the determination of who should take custody of
the child, the court or the special master may
allow the person to testify at any hearing held pursuant to this chapter to
determine the person most qualified and suitable to take custody of the child.

the court or the special master may
allow the person to testify at any hearing held pursuant to this chapter to
determine the person most qualified and suitable to take custody of the child.

Sec. 10. NRS 432B.430 is
hereby amended to read as follows:

432B.430 [Only]Except as otherwise provided in section 9 of this act,
only those persons having a direct interest in the case, as ordered by
the judge or master, may be admitted to any proceeding held pursuant to NRS
432B.410 to 432B.590, inclusive [.], or section 8 of this act.

________

CHAPTER 381, SB 488

Senate Bill No.
488Committee on Judiciary

CHAPTER 381

AN ACT relating to unarmed combat;
revising the provisions relating to conduct that is prohibited in connection
with contests and exhibitions of unarmed combat; authorizing the Nevada
athletic commission to impose a monetary penalty in certain circumstances of
100 percent of the share of the purse to which a person involved in unarmed
combat is entitled; and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 467.110 is
hereby amended to read as follows:

467.110 1. The commission
may suspend or revoke the license of, otherwise discipline, or take any
combination of such actions against any contestant, promoter, ring official or
other participant who, in the judgment of the commission:

(a) Enters into a
contract for a contest or exhibition of unarmed combat in bad faith;

(b) Participates
in any sham or fake contest or exhibition of unarmed combat [.

(b)];

(c) Participates in a
contest or exhibition of unarmed combat pursuant to a collusive understanding
or agreement in which the contestant competes in or terminates the contest or
exhibition in a manner that is not based upon honest competition or the honest
exhibition of the skill of the contestant;

(d) Is guilty of a
failure to give his best efforts [in such], a failure to compete honestly or a failure to give an
honest exhibition of his skills in a contest or exhibition [.

(c)]of unarmed combat; or

(e) Is guilty of an act or conduct that is detrimental to a contest or
exhibition of unarmed combat, including, but not limited to, any foul or
unsportsmanlike conduct in connection with [such]
a contest or exhibition [.]of unarmed combat.

2. The commission may refuse to issue a
license to an applicant who has committed any of the acts described in
subsection 1.

467.135 1. The commission,
its executive director or any other employee authorized by the commission may
order the promoter to withhold any part of a purse or other money belonging or
payable to any contestant, manager or second if, in the judgment of the
commission, executive director or other employee [,
the]:

(a) The contestant
is not competing honestly or to the best of his skill and ability or [if] the contestant
otherwise violates any regulations adopted by the commission or any of the provisions
of this chapter, including, but not limited to, the provisions of subsection 1
of NRS 467.110; or

(b) The manager or
seconds [have violated]violate any regulations adopted by the commission or any
of the provisions of this chapter [or the regulations
adopted thereunder.], including, but not
limited to, the provisions of subsection 1 of NRS 467.110.

2. This section does not apply to any
contestant in a wrestling exhibition who appears not to be competing honestly
or to the best of his skill and ability.

3. Upon the withholding of any part of a
purse or other money pursuant to this section, the commission shall immediately
schedule a hearing on the matter, provide adequate notice to all interested
parties and dispose of the matter as promptly as possible.

4. If it is determined that a contestant,
manager or second is not entitled to any part of his share of the purse or
other money, the promoter shall pay the money over to the commission. Subject
to the provisions of subsection 5, the money must be deposited with the state
treasurer for credit to the state general fund.

5. Money turned over to the commission
pending final action in any matter must be credited to the athletic
commissions agency account and must remain in that account until the
commission orders its disposition in accordance with the final action taken.

Sec. 3. NRS 467.158
is hereby amended to read as follows:

467.158 1. Except as
otherwise provided in [subsection 3,]subsections 3 and 4, upon receipt of an
application and the payment of a penalty prescribed by the commission, not to
exceed $250,000, the commission may reinstate a revoked license.

2. [Except
as otherwise provided in subsection 3, in lieu of revoking a license, as
provided for in this chapter,]If
disciplinary action is taken against a person pursuant to this chapter and the
disciplinary action does not relate to a contest or exhibition of unarmed
combat as provided in subsection 3, the commission may , in lieu of revoking a license, prescribe a penalty
not to exceed $250,000.

3. If disciplinary
action is taken against a person pursuant to this chapter, including, but not
limited to, a hearing for the revocation [or
proposed revocation]of a license, and the
disciplinary action relates to:

(a) The preparation for a contest or an
exhibition of unarmed combat;

(b) The occurrence of a contest or an exhibition
of unarmed combat; or

(c) Any other action taken in conjunction with a
contest or an exhibition of unarmed combat,

the commission may prescribe a penalty [not to]pursuant
to subsection 4.

(a) Must not
exceed $250,000 or [10]100 percent of the [purse
for that] share of the purse to which the
holder of the license is entitled for the contest or exhibition,
whichever amount is greater [.

4.]; and

(b) May be imposed in
addition to or in lieu of any other disciplinary action that is taken against
the person by the commission.

5. If a
penalty is imposed pursuant to this section, the costs of the proceeding,
including investigative costs and attorneys fees, may be recovered by the
commission.

Sec. 4. The amendatory provisions
of this act do not apply to conduct that occurred before the effective date of
this act.

Sec. 5. This act becomes
effective upon passage and approval.

________

CHAPTER 382, AB 242

Assembly Bill No.
242Committee on Judiciary

CHAPTER 382

AN ACT relating to crimes; making it a
crime to intentionally isolate an older person; making it a crime to conspire
to commit abuse, exploitation or isolation of an older person; requiring a law
enforcement agency to promptly seek to obtain a warrant for the arrest of a
person who is criminally responsible for a crime against an older person;
providing a penalty; and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 193.1675 is
hereby amended to read as follows:

193.1675 1. Except as
otherwise provided in NRS 193.169, any person who willfully violates any
provision of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.465,
paragraph (b) of subsection 2 of NRS 200.471, NRS 200.508, [subsection 3 of NRS] 200.5099 or
paragraph (a) of subsection 2 of NRS 200.575 because the actual or perceived
race, color, religion, national origin, physical or mental disability or sexual
orientation of the victim was different from that characteristic of the
perpetrator, may be punished by imprisonment in the state prison for an
additional term not to exceed 25 percent of the term of imprisonment prescribed
by statute for the crime.

2. This section does not create a
separate offense but provides an additional penalty for the primary offense,
whose imposition is contingent upon the finding of the prescribed fact.

Sec. 2. Chapter 200 of NRS
is hereby amended by adding thereto the provisions set forth as sections 3 and
4 of this act.

Sec. 3. A person who conspires with another to commit abuse,
exploitation or isolation of an older person as prohibited by NRS 200.5099,
shall be punished:

2. For the second
and all subsequent offenses, for a category C felony as provided in NRS
193.130.

In addition to any other penalty, the
court shall order the person to pay restitution. Each person found guilty of
such a conspiracy is jointly and severally liable for the restitution with each
other person found guilty of the conspiracy.

Sec. 4. A law enforcement agency shall promptly seek to obtain a
warrant for the arrest of any person the agency has probable cause to believe
is criminally responsible for the abuse, neglect, exploitation or isolation of
an older person.

Sec. 5. NRS 200.5091 is
hereby amended to read as follows:

200.5091It is the policy of this
state to provide for the cooperation of law enforcement officials, courts of
competent jurisdiction and all appropriate state agencies providing human
services in identifying the abuse, neglect ,[and]exploitation and isolation of older persons through the complete
reporting of abuse, neglect ,[and] exploitation and isolation of older persons.

Sec. 6. NRS 200.5092 is
hereby amended to read as follows:

200.5092As used in NRS 200.5091
to 200.5099, inclusive, and sections 3 and 4 of this
act, unless the context otherwise requires:

1. Abuse means willful and unjustified:

(a) Infliction of pain, injury or mental anguish
[;]on
an older person; or

(b) Deprivation of food, shelter, clothing or
services which are necessary to maintain the physical or mental health of an
older person.

2. Exploitation means any act taken by
a person who has the trust and confidence of an older person or any use of the
power of attorney or guardianship of an older person to obtain control, through
deception, intimidation or undue influence, over the older persons money,
assets or property with the intention of permanently depriving the older person
of the ownership, use, benefit or possession of his money, assets or property.
As used in this subsection, undue influence does not include the normal
influence that one member of a family has over another.

3. Isolation
means willfully, maliciously and intentionally preventing an older person from
having contact with another person by:

(a) Intentionally
preventing the older person from receiving his visitors, mail or telephone
calls, including, without limitation, communicating to a person who comes to
visit the older person or a person who telephones the older person that the
older person is not present or does not want to meet with or talk to the
visitor or caller knowing that the statement is false, contrary to the express
wishes of the older person and intended to prevent the older person from having
contact with the visitor; or

(b) Physically
restraining the older person to prevent the older person from meeting with a
person who comes to visit the older person.

The term does not include an act
intended to protect the property or physical or mental welfare of the older
person or an act performed pursuant to the instructions of a physician of the
older person.

(a) A person who has assumed legal
responsibility or a contractual obligation for caring for an older person or
who has voluntarily assumed responsibility for his care to provide food,
shelter, clothing or services which are necessary to maintain the physical or
mental health of the older person; or

(b) An older person to provide for his own needs
because of inability to do so.

[4.]5. Older person means a person who is 60
years of age or older.

[5.]6. Protective services means services
the purpose of which is to prevent and remedy the abuse, [exploitation and] neglect , exploitation and isolation of older persons. The
services may include investigation, evaluation, counseling, arrangement and
referral for other services and assistance.

Sec. 7. NRS 200.5093 is
hereby amended to read as follows:

200.50931. [Any]A
person required to make a report pursuant to this section shall make the report
immediately, but in no event later than 24 hours after there is reason to
believe that an older person has been abused, neglected [or
exploited.], exploited or
isolated. The report must be made to:

(a) The local office of the welfare or aging
services division of the department of human resources;

(b) [Any]A police department or sheriffs office;

(c) The countys office for protective services,
if one exists in the county where the suspected action occurred; or

(d) A toll-free telephone service designated by
the aging services division of the department of human resources.

If the report of abuse, neglect ,[or] exploitation or isolation of an older person involves an act or
omission of the welfare division, aging services division or a law enforcement
agency, the report must be made to an agency other than the one alleged to have
committed the act or omission. Each agency, after reducing the report to
writing, shall forward a copy of the report to the aging services division of
the department of human resources.

2. Reports must be made by the following
persons who, in their professional or occupational capacities, know or have
reason to believe that an older person is being or has been abused, neglected [or exploited:], exploited or isolated:

(a) Every physician, dentist, dental hygienist,
chiropractor, optometrist, podiatric physician, medical examiner, resident,
intern, professional or practical nurse, physicians assistant, psychiatrist,
psychologist, marriage and family therapist, alcohol or drug abuse counselor,
driver of an ambulance, advanced emergency medical technician or other person
providing medical services licensed or certified to practice in this state, who
examines, attends or treats an older person who appears to have been abused,
neglected [or exploited.], exploited or isolated.

(b) Any personnel of a hospital or similar
institution engaged in the admission, examination, care or treatment of persons
or an administrator, manager or other person in charge of a hospital or similar
institution upon notification of the suspected abuse,
neglect , [or] exploitation or isolation of an older person by a member of the
staff of the hospital.

notification of the suspected abuse, neglect , [or]
exploitation or isolation of an older person by a
member of the staff of the hospital.

(c) A coroner.

(d) Every clergyman, practitioner of Christian
Science or religious healer, unless he acquired the knowledge of abuse, neglect
,[or]exploitation or isolation of the older person
from the offender during a confession.

(e) Every person who maintains or is employed by
an agency to provide nursing in the home.

(f) Every attorney, unless he has acquired the
knowledge of abuse, neglect ,[or] exploitation or
isolation of the older person from a client who has been or may be
accused of [the]such abuse, neglect [or
exploitation.], exploitation or
isolation.

(g) Anyemployee of the department of
human resources.

(h) Anyemployee of a law enforcement
agency or a countys office for protective services or an adult or juvenile
probation officer.

(i) Anyperson who maintains or is
employed by a facility or establishment that provides care for older persons.

(j) Anyperson who maintains, is employed
by or serves as a volunteer for an agency or service which advises persons
regarding the abuse, neglect ,[or] exploitation or
isolation of an older person and refers them to persons and agencies
where their requests and needs can be met.

(k) Every social worker.

(l) Any person who owns or is employed by a
funeral home or mortuary.

3. A report may be filed by any other
person.

4. [Any]A person required to make a report pursuant
to this section who has reasonable cause to believe that an older person has
died as a result of abuse ,[or] neglect or
isolation shall report this belief to the appropriate medical examiner
or coroner, who shall investigate the cause of death of the older person and
submit to the appropriate local law enforcement agencies, the appropriate
prosecuting attorney and the aging services division of the department of human
resources his written findings. The written findings must include the
information required pursuant to the provisions of NRS 200.5094, when possible.

5. A division, office or department which
receives a report pursuant to this section shall cause the investigation of the
report to commence within 3 working days. A copy of the final report of the
investigation conducted by a division, office or department, other than the
aging services division of the department of human resources, must be forwarded
to the aging services division within 90 days after the completion of the
report.

6. If the investigation of the report
results in the belief that the older person is abused, neglected [or exploited,], exploited or isolated, the welfare division of the
department of human resources or the countys office for protective services
may provide protective services to the older person if he is able and willing
to accept them.

7. A person who
knowingly and willfully violates any of the provisions of this section is
guilty of a misdemeanor.

200.50941. The
report required pursuant to NRS 200.5093 may be made orally, by telephone or
otherwise. The person who receives the report must reduce it to writing as soon
as possible.

2. The report must contain the following
information, when possible:

(a) The name and address of the older person;

(b) The name and address of the person
responsible for his care, if there is one;

(c) The name and address, if available, of the
person who is alleged to have abused, neglected ,[or]exploited or isolated the older person;

(d) The nature and extent of the abuse, neglect [or exploitation;], exploitation or isolation of the older person;

(e) Any evidence of previous injuries; and

(f) The basis of the reporters belief that the
older person has been abused, neglected [or
exploited.], exploited or
isolated.

Sec. 9. NRS 200.5095 is
hereby amended to read as follows:

200.50951. Reports
made pursuant to NRS 200.5093 and 200.5094, and records and investigations
relating to those reports, are confidential.

2. [Any]A person, law enforcement agency or public or
private agency, institution or facility who willfully releases data or
information concerning the reports and investigation of the abuse, neglect ,[or]exploitation
or isolation of older persons, except:

(a) Pursuant to a criminal prosecution;

(b) Pursuant to NRS 200.50982; or

(c) To persons or agencies enumerated in
subsection 3 of this section,

is guilty of a misdemeanor.

3. Except as otherwise provided in
subsection 2 and NRS 200.50982, data or information concerning the reports and
investigations of the abuse, neglect ,[or] exploitation or
isolation of an older person is available only to:

(a) A physician who is providing care to an
older person who may have been abused, neglected [or
exploited;], exploited or
isolated;

(b) An agency responsible for or authorized to
undertake the care, treatment and supervision of the older person;

(c) A district attorney or other law enforcement
official who requires the information in connection with an investigation of
the abuse, neglect ,[or]exploitation or isolation of the older
person;

(d) A court which has determined, in camera,
that public disclosure of such information is necessary for the determination
of an issue before it;

(e) A person engaged in bona fide research, but
the identity of the subjects of the report must remain confidential;

(f) A grand jury upon its determination that
access to such records is necessary in the conduct of its official business;

(g) Any comparable authorized person or agency
in another jurisdiction;

(h) A legal guardian of the older person, if the
identity of the person who was responsible for reporting the alleged abuse,
neglect ,[or]exploitation or isolation of the older person to
the public agency is protected, and the legal guardian of
the older person is not the person suspected of [the] such abuse, neglect [or
exploitation;] , exploitation or isolation;

legal guardian of the older person is not the person
suspected of [the]such abuse, neglect [or
exploitation;], exploitation or
isolation;

(i) If the older person is deceased, the
executor or administrator of his estate, if the identity of the person who was
responsible for reporting the alleged abuse, neglect ,[or] exploitation or isolationof the older person
to the public agency is protected, and the executor or administrator is
not the person suspected of [the]such abuse, neglect [or
exploitation;], exploitation or
isolation; or

(j) The older person
named in the report as allegedly being abused, neglected [or exploited,], exploited or isolated, if that person is not legally
incompetent.

4. If the person who is reported to have
abused, neglected ,[or]exploited or isolated an older person is the
holder of a license or certificate issued pursuant to chapters 449, 630 to
641B, inclusive, or 654 of NRS, information contained in the report must be
submitted to the board [which]that issued the license.

Sec. 10. NRS 200.5096 is
hereby amended to read as follows:

200.5096Immunity from civil or
criminal liability extends to every person who, pursuant to NRS 200.5091 to
200.5099, inclusive, in good faith:

1. Participates in the making of a
report;

2. Causes or conducts an investigation of
alleged abuse, neglect ,[or]exploitation or isolation of an older person;
or

3. Submits information contained in a
report to a licensing board pursuant to subsection 4 of NRS 200.5095.

Sec. 11. NRS 200.5098 is
hereby amended to read as follows:

200.50981. The aging
services division of the department of human resources shall:

(a) Identify and record demographic information
on the older person who is alleged to have been abused, neglected ,[or]
exploited or isolated and the person who is
alleged to be responsible for [the]such abuse, neglect [or
exploitation.], exploitation or
isolation.

(b) Obtain information from programs for
preventing abuse of older persons, analyze and compare the programs, and make
recommendations to assist the organizers of the programs in achieving the most
efficient and effective service possible.

(c) Publicize the provisions of NRS 200.5091 to
200.5099, inclusive.

2. The administrator of the aging
services division of the department may organize one or more teams to assist in
strategic assessment and planning of protective services, issues regarding the
delivery of service, programs or individual plans for preventing, identifying,
remedying or treating abuse, neglect ,[or]exploitation or isolation of older persons. Members of the team
serve at the invitation of the administrator and must be experienced in preventing,
identifying, remedying or treating abuse, neglect ,[or]exploitation or isolation of older persons. The team may include
representatives of other organizations concerned with education, law
enforcement or physical or mental health.

3. The team may receive otherwise
confidential information and records pertaining to older persons to assist in
assessing and planning. The confidentiality of any information or records
received must be maintained under the terms or conditions required by law. The
content of any discussion regarding information or records received by the team
pursuant to this subsection is not subject to discovery and a member of the
team shall not testify regarding any discussion which occurred during the
meeting. Any information disclosed in violation of this subsection is
inadmissible in all judicial proceedings.

Sec. 12. NRS 200.50982 is
hereby amended to read as follows:

200.50982The provisions of NRS
200.5091 to 200.5099, inclusive, do not prohibit an agency which is
investigating a report of abuse, neglect [or
exploitation,], exploitation or
isolation, or which provides protective services, from disclosing data
or information concerning the reports and investigations of the abuse, neglect ,[or]exploitation
or isolation of an older person to other federal,
state or local agencies or the legal representatives of the older person on
whose behalf the investigation is being conducted if:

1. The agency making the disclosure
determines that the disclosure is in the best interest of the older person; and

2. Proper safeguards are taken to ensure
the confidentiality of the information.

Sec. 13. NRS 200.50984 is
hereby amended to read as follows:

200.509841. Notwithstanding
any other statute to the contrary, the local office of the welfare division of
the department of human resources and a countys office for protective
services, if one exists in the county where a violation is alleged to have
occurred, may for the purpose of investigating an alleged violation of NRS
200.5091 to 200.5099, inclusive, inspect all records pertaining to the older
person on whose behalf the investigation is being conducted, including, but not
limited to, that persons medical and financial records.

2. Except as otherwise provided in this
subsection, if a guardian has not been appointed for the older person, the
welfare division or the countys office for protective services shall obtain
the consent of the older person before inspecting those records. If the welfare
division or the countys office for protective services determines that the
older person is unable to consent to the inspection, the inspection may be
conducted without his consent. Except as otherwise provided in this subsection,
if a guardian has been appointed for the older person, the welfare division or
the countys office for protective services shall obtain the consent of the
guardian before inspecting those records. If the welfare division or the
countys office for protective services has reason to believe that the guardian
is abusing, neglecting ,[or]exploiting or isolating the older person, the
inspection may be conducted without the consent of the guardian, except that if
the records to be inspected are in the personal possession of the guardian, the
inspection must be approved by a court of competent jurisdiction.

200.50986The local office of the
welfare division or the countys office for protective services may petition a
court in accordance with NRS 159.185 or 159.1905 for the removal of the
guardian of an older person, or the termination or modification of that
guardianship, if, based on its investigation, the welfare division or the
countys office of protective services has reason to believe that the guardian
is abusing, neglecting ,[or]exploiting or isolating the older person in
violation of NRS 200.5095 to 200.5099, inclusive.

Sec. 15. NRS 200.5099 is
hereby amended to read as follows:

200.5099 1. [A person who knowingly and willfully violates any of
the provisions of NRS 200.5093 is guilty of a misdemeanor.

2.] Except
as otherwise provided in subsection 6, any person who abuses an older person,
causing the older person to suffer unjustifiable physical pain or mental
suffering, is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 6 years, unless a more severe penalty is
prescribed by law for the act or omission which brings about the abuse.

[3.]2. Except as otherwise provided in
subsection 7,any person who has assumed responsibility, legally,
voluntarily or pursuant to a contract, to care for an older person and who:

(b) Permits or allows the older person to suffer
unjustifiable physical pain or mental suffering; or

(c) Permits or allows the older person to be
placed in a situation where the older person may suffer physical pain or mental
suffering as the result of abuse or neglect,

is guilty of a gross misdemeanor unless a more severe
penalty is prescribed by law for the act or omission which brings about the
abuse or neglect.

[4.]3. Except as otherwise provided in
subsection [5,]4,any person who exploits an older person shall
be punished, if the value of any money, assets and property obtained or used:

(a) Is less than $250, for a misdemeanor by
imprisonment in the county jail for not more than 1 year, or by a fine of not
more than $2,000, or by both fine and imprisonment;

(b) Is at least $250, but less than $5,000, for
a category B felony by imprisonment in the state prison for a minimum term of
not less than 2 years and a maximum term of not more than 10 years, or by a
fine of not more than $10,000, or by both fine and imprisonment; or

(c) Is $5,000 or more, for a category B felony
by imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 20 years, or by a fine of not more than $25,000,
or by both fine and imprisonment,

unless a more severe penalty is prescribed by law for the
act which brought about the exploitation. The monetary value of all of the
money, assets and property of the older person which have
been obtained or used, or both, may be combined for the purpose of imposing
punishment for an offense charged pursuant to this subsection.

property of the older person which have been obtained or
used, or both, may be combined for the purpose of imposing punishment for an
offense charged pursuant to this subsection.

[5.]4. If a person exploits an older person
and the monetary value of any money, assets and property obtained cannot be
determined, the person shall be punished for a gross misdemeanor by
imprisonment in the county jail for not more than 1 year, or by a fine of not
more than $2,000, or by both fine and imprisonment.

5. Any person who
isolates an older person is guilty:

(a) For the first
offense, of a gross misdemeanor; or

(b) For any subsequent
offense, of a category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 2 years and a maximum term of
not more than 10 years, and may be further punished by a fine of not more than
$5,000.

6.A person who violates any
provision of subsection [2,]1, if substantial bodily or mental harm or death
results to the older person, is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 20 years, unless a more severe
penalty is prescribed by law for the act or omission which brings about the
abuse.

7.A person who violates any
provision of subsection [3,]2, if substantial bodily or mental harm or death
results to the older person, shall be punished for a category B felony by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 6 years, unless a more severe penalty is
prescribed by law for the act or omission which brings about the abuse or
neglect.

8.As used in this section:

(a) Allow means to take no action to prevent
or stop the abuse or neglect of an older person if the person knows or has
reason to know that the older person is being abused or neglected.

(b) Permit means permission that a reasonable
person would not grant and which amounts to a neglect of responsibility
attending the care and custody of an older person.

Sec. 16. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

Sec. 17. Sections 1, 4, 7, 9
and 15 of this act do not apply to offenses that are committed before July 1,
1997.

Sec. 18. Sections 1, 7 and
15 of this act become effective at 12:01 a.m. on October 1, 1997.

________

κ1997
Statutes of Nevada, Page 1356κ

CHAPTER 383, AB 608

Assembly Bill No.
608Committee on Government Affairs

CHAPTER 383

AN ACT relating to metropolitan police
departments; providing for the representation of an employee of a department by
a person of the employees own choosing at a hearing or other proceeding
conducted by the civil service board of the department; and providing other
matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 280.310 is
hereby amended to read as follows:

280.310 1. Each department
shall have a system of civil service, applicable to and governing all employees
of the department except elected officers and such other positions as
designated by the committee.

2. The system of civil service must be
governed by a board composed of five civil service trustees appointed by the
committee. Upon creation of the board, the committee shall appoint one trustee
for a term of 2 years, two trustees for terms of 3 years and two trustees for
terms of 4 years. Thereafter the terms of all
trustees [serve for terms of]are 4 years.

3. The members of the board may
administer any oath or affirmation necessary in discharging its duties. The
board may issue subpoenas in the discharge of its duties in the same manner as
a subpoena is issued in a civil action.

4. The board shall prepare regulations
governing the system of civil service to be adopted by the committee. The
regulations must provide for:

(a) Examination of potential employees;

(b) Recruitment and placement procedures;

(c) Classification of positions;

(d) Procedures for promotion, disciplinary
actions and removal of employees; and

(e) Such other matters as the board may consider
necessary.

5. Copies of the regulations of the
system of civil service must be distributed to all employees of the department.

6. The sheriff shall designate a
personnel officer to administer the personnel functions of the department
according to the policies and regulations of the board, including , but not limited to ,
the items enumerated in subsection 4.

7. In any hearing
or other proceeding conducted by the board, an employee of the department may
represent himself or be represented by any person of the employees own choosing.

________

κ1997
Statutes of Nevada, Page 1357κ

CHAPTER 384, AB 595

Assembly Bill No.
595Committee on Judiciary

CHAPTER 384

AN ACT relating to civil liability;
revising the provisions governing civil liability of public and private
employers for the intentional conduct of employees; and providing other matters
properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 41 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. An employer is
not liable for harm or injury caused by the intentional conduct of an employee
if the conduct of the employee:

(a) Was a truly independent
venture of the employee;

(b) Was not committed in
the course of the very task assigned to the employee; and

(c) Was not reasonably
foreseeable under the facts and circumstances of the case considering the
nature and scope of his employment.

For the purposes of this subsection,
conduct of an employee is reasonably foreseeable if a person of ordinary
intelligence and prudence could have reasonably anticipated the conduct and the
probability of injury.

2.Nothing in this section imposes strict liability on an
employer for any unforeseeable intentional act of his employee.

3. For the
purposes of this section:

(a) Employee means any
person who is employed by an employer, including, without limitation, any
present or former officer or employee, immune contractor or member of a board
or commission or legislator in this state.

(b) Employer means any
public or private employer in this state, including, without limitation, the
State of Nevada, any agency of this state and any political subdivision of the
state.

(c) Immune contractor
has the meaning ascribed to it in subsection 3 of NRS 41.0307.

(d) Officer has the
meaning ascribed to it in subsection 4 of NRS 41.0307.

Sec. 2. NRS 41.03475 is
hereby amended to read as follows:

41.03475 [No]Except as otherwise provided in section 1 of this act,
no judgment may be entered against the State of Nevada or any agency of
the state or against any political subdivision of the state for any act or
omission of any present or former officer, employee, immune contractor, member
of a board or commission, or legislator which was outside the course and scope
of his public duties or employment.

Sec. 3. NRS 41.130 is hereby
amended to read as follows:

41.130 [Whenever]Except as otherwise provided in section 1 of this act,
whenever any person shall suffer personal injury by wrongful act,
neglect or default of another, the person causing the injury [shall be]is
liable to the person injured for damages; and where the person causing [such] the injury is employed by another person or corporation
responsible for his conduct, [such] that person or corporation so responsible
[shall be] is liable to the person injured for damages.

[such]the injury is employed by another person or corporation
responsible for his conduct, [such] that person or corporation so responsible [shall be] is
liable to the person injured for damages.

Sec. 4. The amendatory
provisions of this act apply to a civil action that is filed on or after the
effective date of this act.

Sec. 5. This act becomes
effective upon passage and approval.

________

CHAPTER 385, AB 589

Assembly Bill No.
589Committee on Transportation

CHAPTER 385

AN ACT relating to motor vehicles;
providing for the issuance of special license plates indicating employment as a
professional firefighter; imposing a fee for the issuance or renewal of such
license plates; and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 482 of
NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this section, the department, in cooperation with
professional firefighters in the State of Nevada, shall design, prepare and
issue license plates that recognize employment as a professional firefighter
using any colors and designs which the department deems appropriate. The
department shall not design, prepare or issue the license plates unless it
receives at least 250 applications for the issuance of those plates.

2. The department
shall issue license plates that recognize employment as a professional
firefighter for a passenger car or a light commercial vehicle upon application
by a qualified person who is entitled to license plates pursuant to NRS 482.265
and who otherwise complies with the requirements for registration and licensing
pursuant to this chapter. A person may request that personalized prestige
license plates issued pursuant to NRS 482.3667 be combined with license plates
that recognize employment as a professional firefighter if that person pays the
fees for the personalized prestige license plates in addition to the fees for
the license plates that recognize employment as a professional firefighter.

3. An application
for the issuance or renewal of license plates that recognize employment as a
professional firefighter is void unless it is accompanied by documentation
which, in the determination of the department, provides reasonable proof of the
identity of the applicant and proof of his current employment as a professional
firefighter or his status as a retired professional firefighter. Such
documentation may include, but is not limited to:

(a) An identification
card which indicates that the applicant is currently employed as a professional
firefighter or is currently a member of a firefighters union; or

4. The fee payable
to the department for license plates that recognize employment as a
professional firefighter is $35, in addition to all other applicable
registration and license fees and motor vehicle privilege taxes. The license
plates are renewable upon the payment to the department of $10 in addition to
all other applicable registration and license fees and motor vehicle privilege
taxes.

5. If, during a
registration year, the holder of license plates issued pursuant to the
provisions of this section disposes of the vehicle to which the plates are
affixed, he may retain the plates and:

(a) Affix them to another
vehicle that meets the requirements of this section if the transfer and registration
fees are paid as set out in this chapter; or

(b) Within 30 days after
removing the plates from the vehicle, return them to the department.

6. As used in this
section, retired professional firefighter means a person who retired from
employment with a fire department within this state after completing at least
10 years of creditable service as a firefighter within this state.

Sec. 2. NRS
482.216 is hereby amended to read as follows:

482.216 1. Upon the request
of a new vehicle dealer, the department may authorize the new vehicle dealer
to:

(a) Accept applications for the registration of
the new motor vehicles he sells and the related fees and taxes;

(b) Issue certificates of registration to
applicants who satisfy the requirements of this chapter; and

(c) Accept applications for the transfer of
registration pursuant to NRS 482.399 if the applicant purchased from the new
vehicle dealer a new vehicle to which the registration is to be transferred.

2. A new vehicle dealer who is authorized
to issue certificates of registration pursuant to subsection 1 shall:

(a) Transmit the applications he receives to the
department within the period prescribed by the department;

(b) Transmit the fees he collects from the
applicants and properly account for them within the period prescribed by the
department;

(c) Comply with the regulations adopted pursuant
to subsection 4; and

(d) Bear any cost of equipment which is
necessary to issue certificates of registration, including any computer
hardware or software.

3. A new vehicle dealer who is authorized
to issue certificates of registration pursuant to subsection 1 shall not:

(a) Charge any additional fee for the
performance of those services;

(b) Receive compensation from the department for
the performance of those services;

(c) Accept applications for the renewal of
registration of a motor vehicle; or

(d) Accept an application for the registration
of a motor vehicle if the applicant wishes to [obtain]:

(1) Obtain special license plates pursuant to NRS
482.3667 to 482.3825, inclusive, [and]
section 1 of [this act, or to claim]Assembly Bill No. 32 of this session and section 1 of
this act; or

(2) Claim
the exemption from the vehicle privilege tax provided pursuant to NRS 361.1565
to veterans and their relations.

4. The director shall adopt such
regulations as are necessary to carry out the provisions of this section. The
regulations adopted pursuant to this subsection must provide for:

(a) The expedient and secure issuance of license
plates and decals by the department; and

(b) The withdrawal of the authority granted to a
new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with
the regulations adopted by the department.

Sec. 3. NRS 482.270 is
hereby amended to read as follows:

482.270 1. Except
as otherwise provided [in NRS 482.3747, 482.3775,
482.379 to 482.3794, inclusive, section 1 of Senate Bill No. 9 of this session
and section 1 of this act, or NRS 482.384,]by specific statute, the director shall order the
preparation of motor vehicle license plates with no other colors than blue and
silver. The director may substitute white in place of silver when no suitable material
is available.

2. The director may determine and vary
the size, shape and form and the material of which license plates are made, but
each license plate must be of sufficient size to be plainly readable from a
distance of 100 feet during daylight. All license plates must be treated to
reflect light and to be at least 100 times brighter than conventional painted
number plates. When properly mounted on an unlighted vehicle, the license
plates, when viewed from a vehicle equipped with standard headlights, must be
visible for a distance of not less than 1,500 feet and readable for a distance
of not less than 110 feet.

3. Every license plate must have
displayed upon it:

(a) The registration number, or combination of
letters and numbers, assigned to the vehicle and to the owner thereof;

(b) The name of the state, which may be
abbreviated;

(c) If issued for a calendar year, the year; and

(d) If issued for a registration period other
than a calendar year, the month and year the registration expires.

4. The letters I and Q must not be used
in the designation.

5. Except as otherwise provided in NRS
482.379, all letters and numbers must be of the same size.

Sec. 4. NRS 482.2703 is
hereby amended to read as follows:

482.2703 1. The director may
order the preparation of sample license plates which must be of the same design
and size as regular license plates or license plates issued pursuant to NRS
482.384. The director shall ensure that:

(a) Each license plate issued pursuant to this
subsection, regardless of its design, is inscribed with the word SAMPLE and an
identical designation which consists of the same group of three numerals
followed by the same group of three letters; and

(b) The designation of numerals and letters
assigned pursuant to paragraph (a) is not assigned to a vehicle registered
pursuant to this chapter or chapter 706 of NRS.

2. The director may order the preparation
of sample license plates which must be of the same design and size as any of
the special license plates issued pursuant to NRS
482.3667 to 482.3823, inclusive, [and] section 1 of [this act.]

(a) Each license plate issued pursuant to this
subsection, regardless of its design, is inscribed with the word SAMPLE and the
number zero in the location where any other numerals would normally be
displayed on a license plate of that design; and

(b) The number assigned pursuant to paragraph
(a) is not assigned to a vehicle registered pursuant to this chapter or chapter
706 of NRS.

3. The director may establish a fee for
the issuance of sample license plates of not more than $15 for each license
plate.

4. A decal issued pursuant to NRS 482.271
may be displayed on a sample license plate issued pursuant to this section.

5. All money collected from the issuance
of sample license plates must be deposited in the state treasury for credit to
the motor vehicle fund.

6. A person shall not affix a sample
license plate issued pursuant to this section to a vehicle. A person who
violates the provisions of this subsection is guilty of a misdemeanor.

Sec. 5. NRS 482.500 is
hereby amended to read as follows:

482.500 1. Except as
otherwise provided in subsection 2, whenever upon application any duplicate or
substitute certificate of registration, decal or number plate is issued, the
following fees must be paid:

For a certificate of registration..................................................................... $5.00

For every substitute number plate
or set of plates................................... 5.00

For every duplicate number plate or
set of plates..................................... 10.00

For every decal displaying a county
name................................................ .50

For every other decal (license
plate sticker or tab)................................... 5.00

2. The following fees must be paid for
any replacement plate or set of plates issued for the following special license
plates:

(a) For
any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370
to 482.376, inclusive, or 482.379 to 482.3816, inclusive, [and] section 1 of [this act,]Assembly
Bill No. 32 of this session and section 1 of this act, a fee of $10.

(b) For any special plate issued pursuant to NRS
482.368, 482.3765, 482.377 or 482.378, a fee of $5.

(c) For any souvenir license plate issued
pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS
482.2703, a fee equal to that established by the director for the issuance of
those plates.

3. The fees which are paid for duplicate
number plates and decals displaying county names must be deposited with the
state treasurer for credit to the motor vehicle fund and allocated to the
department to defray the costs of duplicating the plates and manufacturing the
decals.

4. As used in this section:

(a) Duplicate number plate means a license
plate or a set of license plates issued to a registered owner which repeat the
code of a plate or set of plates previously issued to the owner to maintain his
registration using the same code.

(b) Substitute number plate means a license
plate or a set of license plates issued in place of a previously issued and
unexpired plate or set of plates. The plate or set of plates does not repeat
the code of the previously issued plate or set.

Sec. 6. The amendatory
provisions of this act expire by limitation on October 1, 2001, if on that date
the department of motor vehicles and public safety has received fewer than 250
applications for the issuance of a license plate pursuant to section 1 of this
act.

Sec. 7. 1. Sections
2, 4 and 5 of this act become effective at 12:01 a.m. on October 1, 1997.

2. Section 3 of this act becomes
effective at 12:02 a.m. on October 1, 1997.

________

CHAPTER 386, AB 518

Assembly Bill No.
518Committee on Education

CHAPTER 386

AN ACT relating to pupils; requiring
courts to provide to school districts information regarding pupils who have
unlawfully caused or attempted to cause serious bodily injury to another
person; and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 392.468 is
hereby amended to read as follows:

392.468 1. The board of
trustees of a county school district, or its designee, shall inform each
employee of the district, including teachers, other licensed employees, drivers
of school buses, instructional aides and office managers, who may have
consistent contact with a pupil if that pupil has, within the preceding 3
years, unlawfully caused or attempted to cause serious bodily injury to any
person. The district shall provide this information based upon any written
records that the district maintains or which it receives from a law enforcement
agency [.]
or a court. The district need not initiate a request for such
information from any source.

2. A school district and the members of
its board of trustees are not liable for failure strictly to comply with this
section if a good faith effort to comply is made.

3. Any information received by an
employee pursuant to this section is confidential and must not be further
disseminated by the employee.

Sec. 2. Chapter 62 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. If a court
determines that a child who is currently enrolled in school unlawfully caused
or attempted to cause serious bodily injury to another person, the court shall
provide the information specified in subsection 2 to the school district in
which the child is currently enrolled.

2. The information
required to be provided pursuant to subsection 1 must include:

(d) A description of any
threats made by the child against the other person before, during or after the
incident in which the child injured or attempted to injure the person.

Sec. 3. Chapter 200 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. If a court
determines that a person who is currently enrolled in a secondary school
unlawfully caused or attempted to cause serious bodily injury to another
person, the court shall provide the information specified in subsection 2 to
the school district in which the offender is currently enrolled.

2. The information
required to be provided pursuant to subsection 1 must include:

(a) The name of the
offender;

(b) A description of any
injury sustained by the other person;

(c) A description of any
weapon used by the offender; and

(d) A description of any
threats made by the offender against the other person before, during or after
the incident in which the offender injured or attempted to injure the person.

Sec. 4. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

AN ACT relating to actions concerning
persons; revising the provisions governing immunity for a person engaging in a
good faith communication in furtherance of the right to petition; and providing
other matters properly relating thereto.

[Approved July 11, 1997]

Whereas, The
framers of the United States Constitution and the constitution of the State of
Nevada, recognizing that participation by citizens in government is an
inalienable right which is essential to the survival of democracy, secured its
protection by giving the people the right to petition the government for
redress of grievances in the First Amendment to the United States Constitution
and in section 10 of article 1 of the constitution of the State of Nevada; and

Whereas, The
communications, information, opinions, reports, testimony, claims and argument
provided by citizens to their government are essential to wise governmental
decisions and public policy, the public health, safety and welfare, effective
law enforcement, the efficient operation of governmental programs, the
credibility and trust afforded government and the continuation of our
representative form of government; and

Whereas, Civil
actions are being filed against many citizens, businesses and organizations based
on their valid exercise of their right to petition; and

Whereas, Such
lawsuits, called Strategic Lawsuits Against Public Participation, or
SLAPPs, are typically dismissed, but often not before the defendant is put to
great expense, harassment and interruption of their productive activities; and

Whereas, The
number of SLAPPs has increased significantly over the past 30 years; and

Whereas, SLAPPs
are an abuse of the judicial process in that they are used to censor, chill,
intimidate or punish persons for involving themselves in public affairs; and

Whereas, The
threat of financial liability, litigation costs and other personal losses from
groundless civil actions seriously affects governmental, commercial and
individual rights by significantly diminishing public participation in
government, in public issues and in voluntary service; and

Whereas, Although
courts have recognized and discouraged SLAPPs, protection of this important
right has not been uniform or comprehensive; and

Whereas, It
is essential to our form of government that the constitutional rights of
citizens to participate fully in the process of government be protected and
encouraged; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 41 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 and
3 of this act.

Sec. 2. As used in NRS 41.640 to 41.670, inclusive, and section 3 of
this act, the words and terms defined in NRS 41.640 and section 3 of this act
have the meanings ascribed to them in those sections.

Sec. 3. Good faith communication in furtherance of the right to
petition means any:

1. Communication
that is aimed at procuring any governmental or electoral action, result or outcome;

2. Communication
of information or a complaint to a legislator, officer or employee of the
Federal Government, this state or a political subdivision of this state,
regarding a matter reasonably of concern to the respective governmental entity;
or

3. Written or oral
statement made in direct connection with an issue under consideration by a
legislative, executive or judicial body, or any other official proceeding
authorized by law,

which is truthful or is made without
knowledge of its falsehood.

Sec. 4. NRS 41.640 is hereby
amended to read as follows:

41.640 [As
used in NRS 41.640 to 41.670, inclusive, political]Political subdivision has the meaning ascribed to it
in NRS 41.0305.

Sec. 5. NRS 41.650 is hereby
amended to read as follows:

41.650 [A
person who in good faith communicates a complaint or information to a
legislator, officer or employee of this state or of a political subdivision, or
to a legislator, officer or employee of the Federal Government, regarding a
matter reasonably of concern to the respective governmental entity]A person who engages in a good faith communication
in furtherance of the right to petition is immune from civil liability [on]for
claims based upon the communication.

Sec. 6. NRS 41.660 is hereby
amended to read as follows:

41.660 [In
any civil action brought against a person who in good faith communicated a
complaint or information to a legislator, officer or employee of this state or
of a political subdivision regarding a matter reasonably of concern to the
respective governmental entity, the]

1. If an action is
brought against a person based upon a good faith communication in furtherance
of the right to petition:

(a) The person against
whom the action is brought may file a special motion to dismiss; and

(b) The attorney
general or [other legal representative of the
state or the legal representative of] the chief
legal officer or attorney of a political subdivision[may provide for the
defense of the action on behalf] of this
state may defend or otherwise support the person [who
communicated the complaint or information.]against whom the action is brought. If the [legal representative of a political subdivision does
not provide for the defense of such an action relating to a communication to a
legislator, officer or employee of the political subdivision, the]
attorney general [may provide for the defense of
the action.]or the chief legal officer or
attorney of a political subdivision has a conflict of interest in, or is
otherwise disqualified from, defending or otherwise supporting the person, the
attorney general or the chief legal officer or attorney of a political
subdivision may employ special counsel to defend or otherwise support the
person.

2. A special motion
to dismiss must be filed within 60 days after service of the complaint, which
period may be extended by the court for good cause shown.

3. If a special
motion to dismiss is filed pursuant to subsection 2, the court shall:

4. If the court
dismisses the action pursuant to a special motion to dismiss filed pursuant to
subsection 2, the dismissal operates as an adjudication upon the merits.

Sec. 7. NRS 41.670 is hereby
amended to read as follows:

41.670 [1. Except
as otherwise provided in subsection 2, the party prevailing in an action
brought against a person who in good faith communicated a complaint or
information to a legislator, officer or employee of this state or of a
political subdivision, or to a legislator, officer or employee of the Federal
Government, regarding a matter reasonably of concern to the respective
governmental entity is entitled to]If the
court grants a special motion to dismiss filed pursuant to NRS 41.660:

1. The court shall
award reasonable costs and attorneys fees [.

2. If a legal
representative of this state or of a political subdivision provides the defense
in such an action, the state or political subdivision:

(a) If the legal
representative prevails, is entitled] to
the person against whom the action was brought, except that the court shall
award reasonable costs and attorneys [fees;
or

(b) If the legal
representative does not prevail, must pay reasonable costs and attorneys fees.] fees to this state or to the appropriate political
subdivision of this state if the attorney general, the chief legal officer or
attorney of the political subdivision or special counsel provided the defense
for the person pursuant to NRS 41.660.

2. The person
against whom the action is brought may bring a separate action to recover:

(a) Compensatory damages;

(b) Punitive damages; and

(c) Attorneys fees and
costs of bringing the separate action.

Sec. 8. The amendatory
provisions of this act apply to a civil action that is filed on or after
October 1, 1997.

AN ACT relating to motor vehicles;
prohibiting a dealer of motor vehicles from obtaining a duplicate certificate
of ownership of a motor vehicle under certain circumstances; providing a
penalty; and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 482 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. It is unlawful
for a dealer or any other person, with the intent to defraud, to obtain a
duplicate certificate of ownership for any vehicle in which he grants a security interest to secure a present or
future debt, obligation or liability of any nature arising from a loan or other
extension of credit made in connection with the financing of the inventory of
the vehicles of the dealer, or to engage in any other similar practice commonly
known as flooring.

which he grants a security interest
to secure a present or future debt, obligation or liability of any nature
arising from a loan or other extension of credit made in connection with the
financing of the inventory of the vehicles of the dealer, or to engage in any
other similar practice commonly known as flooring.

2. A person who
violates the provisions of subsection 1 shall be punished in accordance with
the provisions of NRS 205.380.

3. In addition to
any penalty imposed pursuant to subsection 2, the court shall order the person
to pay restitution.

Sec. 2. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

Sec. 3. The amendatory
provisions of this act do not apply to offenses that are committed before
October 1, 1997.

________

CHAPTER 389, AB 476

Assembly Bill No.
476Committee on Taxation

CHAPTER 389

AN ACT relating to taxation; providing a
temporary exemption from the taxes for real and personal property of certain
apprentice programs; and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 361 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 2, the real and personal property of an
apprenticeship program owned by a local or state apprenticeship committee is
exempt from taxation if the program is:

(a) Operated by an
organization which is qualified pursuant to 26 U.S.C. § 501(c)(3) or (5); and

(b) Registered and
approved by the state apprenticeship council pursuant to chapter 610 of NRS.

2. If any property
exempt from taxation pursuant to subsection 1 is used for a purpose other than
that of the apprenticeship program required in subsection 1, and a rent or
other valuable consideration is received for its use, the property must be
taxed, unless the rent or other valuable consideration is paid or given by an
organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C.
§ 501(c)(3).

Sec. 2. This act becomes
effective on July 1, 1997, and expires by limitation on July 1, 2007.

AN ACT relating to motor vehicles;
requiring persons who operate garages that repair motor vehicles to register
with the department of motor vehicles and public safety; creating an advisory
board on the repair of motor vehicles; requiring the consumer affairs division
of the department of business and industry and the department of motor vehicles
to cooperate for certain purposes and to provide certain information to the
general public concerning the repair of motor vehicles; providing a penalty;
and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 487 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
12, inclusive, of this act.

Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in sections 3 to 6,
inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. Division means the consumer affairs division of the
department of business and industry.

Sec. 4. 1. Garage means a business establishment, sole
proprietorship, firm, corporation, association or other legal entity that
performs any of the following services on motor vehicles:

(a) Repair of the:

(1) Engine;

(2) Brake system;

(3) Transmission
system;

(4) Drivetrain
system;

(5) Heating and
air conditioning system;

(6) Cooling
system; or

(7) Muffler and
exhaust system;

(b) Engine tune up;

(c) Diagnostic testing;

(d) Alignment; or

(e) Oil change and
lubrication.

2. Garage does
not include a business establishment, sole proprietorship, firm, corporation,
association or other legal entity that does not perform services on motor
vehicles for members of the general public.

2. Is authorized
to repair motor vehicles at a garage that is owned, operated, controlled or
managed by another person.

Sec. 6. Motor vehicle means:

1. A passenger car
as defined in NRS 482.087;

2. A mini motor
home as defined in NRS 482.066;

3. A motor home as
defined in NRS 482.071;

4. A recreational
vehicle as defined in NRS 482.101; and

5. A motortruck as
defined in NRS 482.073 if the gross weight of the vehicle is 10,000 pounds or
less.

Sec. 7. The provisions of sections 2 to 10, inclusive, of this act do
not apply to:

1. An authorized
inspection station, authorized maintenance station, authorized station or fleet
station that is licensed pursuant to the provisions of NRS 445B.700 to
445B.845, inclusive, for actions taken within the scope of that license.

2. A body shop
that is licensed pursuant to the provisions of NRS 487.600 to 487.690,
inclusive, for actions taken within the scope of that license.

3. A service
station that is exclusively engaged in the business of selling motor vehicle
fuel, lubricants or goods unrelated to the repair of motor vehicles.

Sec. 8. 1. On and after January 1, 1998, a garageman
shall register with the department for authorization to operate a garage.

2. An application
for registration must be on a form provided by the department. The application
must include:

(a) The name of the
applicant, including each name under which he intends to do business;

(b) The complete street
address of each location from which the applicant will be conducting business,
including a designation of the location that will be his principal place of
business;

(c) A copy of the
business license for each garage operated by the applicant if the county or
city in which the applicant operates a garage requires such a license;

(d) The type of repair
work offered at each garage operated by the applicant;

(e) The number of
mechanics employed at each garage operated by the applicant; and

(f) Any other information
required by the department.

3. For each garage
operated by an applicant, the department shall charge a fee of $25 for the
issuance or renewal of registration. If an applicant operates more than one
garage, he may file one application if he clearly indicates on the application
the location of each garage operated by the applicant and each person
responsible for the management of each garage.

4. Except as
otherwise provided in section 11 of this act, all fees collected pursuant to
this section must be deposited with the state treasurer to the credit of the
account for regulation of salvage pools, automobile wreckers, body shops and
garages.

5. An applicant
for registration or renewal of registration shall notify the department of any
material change in the information contained in his application for
registration or renewal within 10 days after his knowledge of the change.

Sec. 9. 1. If the department receives an application for
registration that contains the information required by section 8 of this act,
it shall issue to the applicant a certificate of registration for each garage
operated by the applicant. The certificate must contain the applicants name,
residential address, the name under which his business is to be conducted, the
business address, the registration number for the garage and the toll-free
telephone number for consumer information and assistance established by the
division pursuant to section 25 of this act.

2. A certificate
of registration is valid for 1 year after the date of issuance. A garageman may
renew his registration by submitting to the department:

(a) An application for
renewal on a form provided by the department; and

(b) The fee for renewal
set forth in section 8 of this act.

Sec. 10. A garageman shall:

1. Display a sign,
in a conspicuous place at each garage operated by him, that contains the
toll-free telephone number for consumer information and assistance established
by the division pursuant to section 25 of this act; and

2. Comply with the
provisions of NRS 597.480 to 597.590, inclusive.

Sec. 11. 1. The advisory board on the repair of motor
vehicles is hereby created.

2. The advisory
board consists of 12 members as follows:

(a) One member who
represents motor vehicle dealers who sell motor vehicles pursuant to a
franchise, appointed by the governor;

(b) One member who
represents facilities that test and inspect motor vehicles for the control of
emissions, appointed by the governor;

(c) One member who
represents service stations that sell motor vehicle fuel, appointed by the
governor;

(d) One member who
represents the consumer affairs division of the department of business and
industry, appointed by the governor;

(e) One member who
represents the department of motor vehicles and public safety, appointed by the
governor;

(f) Two members who
represent the motor vehicle repair industry, appointed by the governor;

(g) One member of the
senate, appointed by the majority leader of the senate;

(h) One member of the
assembly, appointed by the speaker of the assembly;

(i) Two members of the
general public, one of whom must be appointed by the senate majority leader and
one of whom must be appointed by the speaker of the assembly; and

(j) One member who
represents the body shop industry, appointed by the governor.

3. The members of
the advisory board shall select a chairman and a vice chairman from among their
membership annually.

4. Each legislator
who is a member of the advisory board is entitled to receive:

(a) Except during a
regular or special session of the legislature, the compensation provided for a
majority of the members of the legislature during the first 60 days of the
preceding regular session for each day or portion of a day during which he
attends a meeting of the advisory board; and

(b) The per diem
allowance and travel expenses provided for state officers and employees
generally.

The compensation, per diem allowance
and travel expenses must be paid from the legislative fund.

5. Each
nonlegislative member of the advisory board serves without compensation but is
entitled to receive the per diem allowance and travel expenses provided for
state officers and employees generally. The per diem allowance and travel
expenses must be paid by the department from the money collected by the
department pursuant to section 8 of this actfor
the issuance or renewal of a certificate of registration to operate a garage.

6. A vacancy in
the membership of the advisory board must be filled for the remainder of the
unexpired term in the same manner as the original appointment.

2. Make
recommendations to the department and the legislature for the training and
certification of garagemen;

3. Study the need
for improving the regulation of practices that govern the repair of motor
vehicles, including, without limitation, the review of estimates of repair,
laws governing deceptive trade practices relating to the repair of motor
vehicles and the fees for the licensure of garages;

4. Identify and
analyze any problems within the industry of motor vehicle repair and make
recommendations to the department, the division and the legislature to address
the problems through governmental regulation or private industry, or both;

5. Provide information
to the division concerning the development of a program to provide information
to the general public pursuant to the provisions of section 25 of this act;

6. Advise the
division and the department on methods to investigate consumer complaints
relating to the repair of motor vehicles;

7. Identify, study
and monitor the available sources within each community for mediation and
arbitration of such complaints and report its findings and recommendations to
the division for the establishment of an effective and complete system of
mediation and arbitration; and

8. Submit to the
director of the legislative counsel bureau for transmission to the 70th session
of the Nevada legislature a report that summarizes the activities of the
advisory board and any recommendations made by the advisory board.

487.0701. The
department may approve or reject the application and, if approved, shall issue
to the applicant:

(a) A license containing the applicants name,
address, the name under which the business is to be conducted, the business
address, and a distinguishing number assigned to the applicant.

(b) A card which:

(1) Contains the information specified in
paragraph (a);

(2) Includes a picture of the licensee;
and

(3) Clearly identifies the holder of the
card as a licensed automobile wrecker.

2. A licensee may obtain one or two cards
for his business. The department shall charge a fee of $50 for each card
issued. Fees collected by the department pursuant to this subsection must be
deposited with the state treasurer to the credit of the account for regulation
of salvage pools, automobile wreckers , [and] body shops [.]and garages.

3. A license expires on December 31 of
the year for which it is issued.

4. A licensee may renew his license by
submitting to the department:

(a) A completed application for renewal upon a
form supplied by the department; and

(b) The fee for renewal of a license provided in
NRS 487.080.

Sec. 14. NRS 487.080 is
hereby amended to read as follows:

487.080 1. The fee for
issuance or renewal of an automobile wreckers license is $300.

2. Fees collected must be deposited with
the state treasurer to the credit of the account for regulation of salvage
pools, automobile wreckers , [and] body shops [.]and garages.

Sec. 15. NRS 487.450 is
hereby amended to read as follows:

487.450 1. The department
shall charge and collect a fee of $300 for the issuance or renewal of a license
to operate a salvage pool.

2. Fees collected by the department
pursuant to this section must be deposited with the state treasurer to the
credit of the account for regulation of salvage pools, automobile wreckers , [and]
body shops [,]and garages which is hereby created in the state
general fund. Money in the account may be used only for the administration of
NRS 487.002, 487.045 to 487.200, inclusive, and 487.400 to 487.690, inclusive [.], and sections
2 to 10, inclusive, of this act.

Sec. 16. NRS 487.475 is
hereby amended to read as follows:

487.475 1. A card
authorizing a dealer of new or used motor vehicles or a rebuilder to bid to
purchase a vehicle from an operator of a salvage pool must contain:

(a) The dealers or rebuilders name and
signature;

(b) His business name;

(c) His business address;

(d) His business license number issued by the
department; and

(e) A picture of the dealer or rebuilder.

2. A dealer or rebuilder may obtain one
or two cards for his business.

4. A card issued pursuant to this section
expires on December 31 of the year in which it was issued. The dealer or
rebuilder must submit to the department an application for renewal accompanied
by a renewal fee of $25 for each card. The application must be made on a form
provided by the department and contain such information as the department
requires.

5. Fees collected by the department
pursuant to this section must be deposited with the state treasurer to the
credit of the account for regulation of salvage pools, automobile wreckers , [and]
body shops [.]and garages.

Sec. 17. NRS 487.630 is
hereby amended to read as follows:

487.630 1. An application
for a license to operate a body shop must be filed with the department upon
forms supplied by the department. The application must be accompanied by such
proof as the department requires to [evidence]demonstrate that the applicant meets the
statutory requirements to [become an operator of]operate a body shop.

2. The department shall charge a fee of
$300 for the issuance or renewal of a license to operate a body shop. Fees
collected by the department pursuant to this subsection must be deposited with
the state treasurer to the credit of the account for regulation of salvage
pools, automobile wreckers , [and] body shops [.]and garages.

3. Upon receipt of the application and
when satisfied that the applicant is entitled thereto, the department shall
issue to the applicant a license to operate a body shop. The license must
contain the name and the address of the body shop and the name of the operator.

4. Upon receipt of the license, the
operator shall display the license number prominently in the body shop and
include the license number on all estimates and invoices for repairs.

5. A license expires on December 31 of
the year for which it is issued.

6. A licensee may renew his license by
submitting to the department:

(a) A completed application for renewal upon a
form supplied by the department; and

(b) The fee for renewal of a license provided in
subsection 2.

Sec. 18. NRS 487.700 is
hereby amended to read as follows:

487.700 1. The department
may impose an administrative fine, not to exceed $2,500, for a violation of any
provision of this chapter, or any rule, regulation or order adopted or issued
pursuant thereto. The department shall afford to any person so fined an
opportunity for a hearing pursuant to the provisions of NRS 233B.121.

2. [All]Except as otherwise provided in subsection 3, all
administrative fines collected by the department pursuant to subsection 1 must
be deposited with the state treasurer [to the
credit of the account for regulation of salvage pools, automobile wreckers and
body shops.]for credit to the state
general fund.

3. The department may delegate to a hearing officer or panel its
authority to impose and collect administrative fines pursuant to subsection 1
and deposit the money collected with the state treasurer for credit to the
account for regulation of salvage pools, automobile wreckers, body shops and
garages.

4. In
addition to any other remedy provided by this chapter, the department may
compel compliance with any provision of this chapter and any
rule, regulation or order adopted or issued pursuant thereto, by injunction or
other appropriate remedy and the department may institute and maintain in the
name of the State of Nevada any such enforcement proceedings.

any rule, regulation or order adopted or issued pursuant
thereto, by injunction or other appropriate remedy and the department may
institute and maintain in the name of the State of Nevada any such enforcement
proceedings.

Sec. 19. NRS 597.480 is
hereby amended to read as follows:

597.480 As used in NRS 597.480 to
597.590, inclusive, unless the context otherwise requires:

1. Garage [means
any business establishment, sole proprietorship, firm, corporation, association
or other legal entity that engages in the business of repairing motor vehicles.

2. Garageman
means any person who owns, operates, controls or manages a garage.]has the meaning ascribed to it in section 4 of this act.

2. Garageman has
the meaning ascribed to it in section 5 of this act.

3.Motor vehicle means:

(a) A motorcycle as defined in NRS 482.070;

(b) A motortruck as defined in NRS 482.073 if [its]the gross
weight of the vehicle [weight]
does not exceed 10,000 pounds;

(c) A passenger car as defined in NRS 482.087;

(d) A mini motor home as defined in NRS 482.066;

(e) A motor home as defined in NRS 482.071; and

(f) A recreational vehicle as defined in NRS
482.101.

4. Person authorizing repairs means a person who uses the services of a garage.The term includes an insurance company, its agents or
representatives, authorizing repairs to motor vehicles under a policy of
insurance.

[5. Repair
or repairing includes modifying and performing maintenance work on motor
vehicles, but does not include lubrication or oil change, repairing or changing
tires, or replacing batteries, wiper blades, fan belts or other minor
accessories.]

Sec. 20. Chapter 598 of NRS
is hereby amended by adding thereto the provisions set forth as sections 21 to
25, inclusive, of this act.

Sec. 21. As used in sections 21 to 25, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in sections 22 and
23 of this act have the meanings ascribed to them in those sections.

Sec. 22. Department means the department of motor vehicles and public
safety.

Sec. 23. Division means the consumer affairs division of the
department of business and industry.

Sec. 24. 1. The division and the department shall
cooperate to enhance the protection of persons who authorize the repair of
motor vehicles by a garage that is registered with the department pursuant to
the provisions of sections 2 to 10, inclusive, of this act.

2. The
commissioner of consumer affairs may provide to the department a copy of any
complaint filed with the division that alleges a deceptive trade practice
pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, by a garage
or garageman registered pursuant to the provisions of sections 2 to 10,
inclusive, of this act. If the commissioner provides the department with a copy
of a complaint, the department is subject to the provisions of NRS 598.098 with
respect to the complaint.

3. The department
may provide assistance to the division in carrying out the provisions of
section 25 of this act.

Sec. 25. The division shall:

1. Establish and
maintain a toll-free telephone number for persons to report to the division
information concerning alleged violations of NRS 487.035, 597.480 to 597.590,
inclusive, and 598.0903 to 598.0999, inclusive, and sections 2 to 10,
inclusive, of this act.

2. Develop a
program to provide information to the public concerning:

(a) The duties imposed on
a garageman by the provisions of NRS 487.035 and 597.480 to 597.590, inclusive,
and sections 2 to 10, inclusive, of this act;

(b) The rights and
protections established for a person who uses the services of a garage;

(c) The repair of motor
vehicles; and

(d) Deceptive trade
practices relating to the repair of motor vehicles by a garage.

Sec. 26. NRS 598.0915 is
hereby amended to read as follows:

598.0915 A person engages in a deceptive
trade practice [when]if, in the course of his business or occupation , he:

1. Knowingly passes off goods or services
as those of another.

2. Knowingly makes a false representation
as to the source, sponsorship, approval or certification of goods or services.

3. Knowingly makes a false representation
as to affiliation, connection, association with or certification by another.

4. Uses deceptive representations or
designations of geographic origin in connection with goods or services.

5. Knowingly makes a false representation
as to the characteristics, ingredients, uses, benefits, alterations or
quantities of goods or services or a false representation as to the
sponsorship, approval, status, affiliation or connection of a person therewith.

6. Represents that goods are original or
new if he knows or should know that they are deteriorated, altered,
reconditioned, reclaimed, used or secondhand.

7. Represents that goods or services are
of a particular standard, quality or grade, or that goods are of a particular
style or model, if he knows or should know that they are of another.

8. Disparages the goods, services or
business of another by false or misleading representation of fact.

9. Advertises goods or services with
intent not to sell them as advertised.

10. Advertises goods or services with
intent not to supply reasonably expectable public demand, unless the
advertisement discloses a limitation of quantity.

11. Advertises under the guise of
obtaining sales personnel when in fact the purpose is to first sell goods or
services to the sales personnel applicant.

12. Makes false or misleading statements
of fact concerning the price of goods or services, or the reasons for,
existence of or amounts of price reductions.

13. Fraudulently
alters any contract, written estimate of repair, written statement of charges
or other document in connection with the provision of goods or services.

Sec. 27. Section
3 of Assembly Bill No. 134 of this session is hereby amended to read as
follows:

Sec. 3. NRS
487.070 is hereby amended to read as follows:

487.070 1. The
department may approve or reject the application and, if approved, shall issue
to the applicant:

(a) A license containing
the applicants name [,]and address, the name under which the business is to be
conducted, the business address, and a distinguishing number assigned to the
applicant.

(b) A card which:

(1) Contains the
information specified in paragraph (a);

(2) Includes a
picture of the licensee; and

(3) Clearly
identifies the holder of the card as a licensed automobile wrecker.

2. A licensee
may obtain one or two cards for his business. The department shall charge a fee
of $50 for each card issued. Fees collected by the department pursuant to this
subsection must be deposited with the state treasurer to the credit of the
account for regulation of salvage pools, automobile wreckers, body shops and
garages.

3. A license
expires on [December 31 of the year for which it
is issued.]April 30 of each year.

4. A licensee
may renew his license by submitting to the department:

(a) A completed
application for renewal upon a form supplied by the department; and

(b) The fee for
renewal of a license provided in NRS 487.080.

Sec. 28. Section
7 of Assembly Bill No. 134 of this session is hereby amended to read as
follows:

Sec. 7. NRS
487.630 is hereby amended to read as follows:

487.630 1. An
application for a license to operate a body shop must be filed with the
department upon forms supplied by the department. The application must be
accompanied by such proof as the department requires to demonstrate that the
applicant meets the statutory requirements to operate a body shop.

2. The
department shall charge a fee of $300 for the issuance or renewal of a license
to operate a body shop. Fees collected by the department pursuant to this
subsection must be deposited with the state treasurer to the credit of the
account for regulation of salvage pools, automobile wreckers, body shops and
garages.

3. Upon receipt
of the application and when satisfied that the applicant is entitled thereto,
the department shall issue to the applicant a license to operate a body shop.
The license must contain the name and the address of the body shop and the name
of the operator.

4. Upon receipt
of the license, the operator shall display the license number prominently in
the body shop and include the license number on all estimates and invoices for
repairs.

5. A
license expires on [December 31 of the year for
which it is issued.]April 30 of each
year.

6. A licensee
may renew his license by submitting to the department:

(a) A completed
application for renewal upon a form supplied by the department; and

(b) The fee for
renewal of a license provided in subsection 2.

Sec. 29. The amendatory
provisions of this act do not apply to offenses that are committed before the
effective date of this act.

Sec. 30. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

Sec. 31. 1. This
section and sections 1 to 10, inclusive, and 13 to 30, inclusive, of this act
become effective upon passage and approval.

2. Sections 11 and 12 of this act become
effective upon passage and approval for the purpose of appointing members to
the advisory board on the repair of motor vehicles and on July 1, 1997, for all
other purposes, and expire by limitation on July 1, 1999.

AN ACT relating to dentistry; requiring
the board of dental examiners of Nevada to issue a restricted license to
practice dentistry to certain persons; defining the scope of such a license;
and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 631 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 2, the board shall, without examination, issue
a restricted license to practice dentistry to a person who:

(a) Has a valid license
to practice dentistry issued pursuant to the laws of another state or the
District of Columbia;

(b) Has received a degree
from a dental school or college accredited by the American Dental Association
Commission on Dental Accreditation, or its successor organization;

(c) Has at least 5 years
of clinical experience obtained after receiving such a degree; and

(d) Has entered into a
contract with a facility approved by the health division of the department of
human resources to provide publicly funded dental services exclusively to
persons of low income for the duration of the restricted license.

2. The board shall
not issue a restricted license to a person:

(a) Who has failed to
pass the examination of the board;

(b) Who has been refused
a license in this state, another state or territory of the United States or the
District of Columbia; or

(c) Whose license to
practice dentistry has been revoked in this state, another state or territory
of the United States or the District of Columbia.

3. A person to
whom a restricted license is issued pursuant to subsection 1:

(a) May perform dental
services only:

(1) Under the
supervision of a dentist who is licensed to practice dentistry in this state
and appointed by the health division of the department to supervise dental care
that is provided in a facility which has entered into a contract with the
person to whom a restricted license is issued and which is approved by the
health division of the department; and

(2) In accordance
with the contract required pursuant to paragraph (d) of that subsection.

(b) Shall not, for the
duration of the restricted license, engage in the private practice of
dentistry, which includes, without limitation, providing dental services to a
person who pays for the services.

4. A person who
receives a restricted license must pass the examination of the board within 1
year after receiving his restricted license. If the person fails to pass that
examination, the board shall revoke the restricted license.

AN ACT relating to wildlife; requiring the
board of wildlife commissioners to adopt regulations establishing a program for
the issuance of special incentive elk tags; authorizing the board to adopt
regulations establishing a program for the issuance of special incentive deer
tags; and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 502 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 and
3 of this act.

Sec. 2. 1. The commission shall adopt regulations to
establish a program pursuant to which the division will issue special incentive
elk tags. The regulations must:

(a) Set forth the
application and annual review processes for the issuance of special incentive
elk tags.

(b) Require that an
application for a special incentive elk tag be accompanied by:

(1) The fee
charged for an elk tag pursuant to NRS 502.250; and

(2) Any
administrative fee charged in connection with the issuance of an elk tag
pursuant to this chapter.

(c) Provide for the
issuance of a special incentive elk tag only to a person who:

(1) Lawfully owns,
leases or manages private land within an actual elk use area; and

(2) If that
private land blocks reasonable access to adjacent public land, provides
reasonable access through the private land to allow a person or hunting party
possessing a valid elk tag to hunt elk on the adjacent public land.

(d) Establish criteria
for the issuance of special incentive elk tags based upon:

(1) The percentage
of private land controlled by the applicant;

(2) The portion of
the population of elk above the target level for elk established by the land
management agency; and

(3) Limiting the
number of special incentive elk tags issued in each calendar year to not more
than one-half of the bull elk tags issued in that calendar year,

within the actual elk use area in the
unit or units of the management area or areas in which the private land is
located.

(e) Provide that special
incentive elk tags are valid for both sexes of elk.

(f) Prohibit a person who
has, within a particular calendar year, applied for or received compensation
pursuant to NRS 504.165 as reimbursement for damage caused by elk to private
land from applying, within the same calendar year, for a special incentive elk
tag for the same private land.

(g) Allow a group of
owners, lessees and managers of private land to qualify for a special incentive
elk tag for their combined lands.

(h) Ensure that the
issuance of special incentive elk tags will not result in the number of bull
elk tags issued in any year being reduced to a number below the quota for bull
elk tags established by the commission for 1997.

(i) Provide that a person
to whom a special incentive elk tag is issued by the commission pursuant to
this section may:

(1) If he holds a
valid hunting license issued by this state, use the special incentive elk tag
himself; or

(2) Sell the
special incentive elk tag to another person who holds a valid hunting license
issued by this state at any price upon which the parties mutually agree.

(j) Require that a person
who is issued a special incentive elk tag hunt:

(1) During the
open season for elk.

(2) In the unit or
units within the management area or areas in which the private land is located.

(k) Provide for the
appointment of an arbitration panel to resolve disputes between persons who
apply for special incentive elk tags and the division regarding the issuance of
such tags.

2. As used in this
section, actual elk use area means an area in which elk live, as identified
and designated by the division.

Sec. 3. 1. The commission may adopt regulations
establishing a program pursuant to which the division may issue special
incentive deer tags to owners, lessees and managers of private land in this
state for use on the private land of such owners, lessees or managers.

2. The regulations
must:

(a) Require that the
owner, lessee or manager who is lawfully in control of private land must,
before he is issued a special incentive deer tag:

(1) Allow the
hunting and viewing of wildlife on his land by the general public; or

(2) Enter into a
cooperative agreement with the division to improve deer or other wildlife
habitat on his land.

(b) Allow the owner,
lessee or manager to sell any special incentive deer tag that he is issued
pursuant to the program.

(a) Prevent or mitigate damage to private
property and privately maintained improvements; and

(b) Compensate persons for grazing reductions
and the loss of stored and standing crops,

caused by elk or game mammals not native to this state.

2. The regulations must contain:

(a) Requirements for the eligibility of those
persons claiming damage to private property or privately maintained
improvements to receive money or materials from the division, including a
requirement that such a person enter into a cooperative agreement with the
administrator for purposes related to this Title.

(b) Procedures for the formation of local panels
to assess damage caused by elk or game mammals not native to this state and to
determine the value of a loss claimed if the person claiming the loss and the
division do not agree on the value of the loss.

(c) Procedures for the use on private property
of materials purchased by the state to prevent damage caused by elk or game
mammals not native to this state.

(d) Any other regulations necessary to carry out
the provisions of this section and NRS 504.155 and 504.175.

3. The regulations
must:

(a) Provide for the
payment of money or other compensation to cover the costs of labor and
materials necessary to prevent or mitigate damage to private property and
privately maintained improvements caused by elk or game mammals not native to
this state.

(b) Prohibit a person who
has, within a particular calendar year, applied for or received a special
incentive elk tag pursuant to section 1 of this act from applying, within the
same calendar year, for compensation pursuant to this section for the same
private land.

4. Money
may not be disbursed to a claimant pursuant to this section unless the claimant
shows by a preponderance of the evidence that the damage for which he is
seeking compensation was caused solely by elk or game mammals not native to
this state.

Sec. 5. This act becomes
effective on July 1, 1997.

________

CHAPTER 393, AB 654

Assembly Bill No.
654Committee on Ways and Means

CHAPTER 393

AN ACT relating to state financial
administration; extending the prospective date for the reversion of the
appropriation made during the previous session to the Nevada Commissioner for
Veteran Affairs for improvements to veterans cemeteries; and providing other
matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sec. 2. Any
remaining balance of the appropriation made by section 1 of this act must not
be committed for expenditure after June 30, [1997,]1998, and reverts to the state general fund
as soon as all payments of money committed have been made.

Sec. 2. This act becomes
effective upon passage and approval or on June 29, 1997, whichever occurs
earlier.

________

κ1997
Statutes of Nevada, Page 1382κ

CHAPTER 394, AB 460

Assembly Bill No.
460Committee on Health and Human Services

CHAPTER 394

AN ACT relating to labor; requiring the
department of employment, training and rehabilitation and the department of
human resources to enter into an interlocal agreement to provide job placement
services to employers and recipients of benefits provided pursuant to the
program to provide temporary assistance for needy families; and providing other
matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. As used in
sections 2 to 8, inclusive, of this act, unless the context otherwise requires,
the words and terms defined in sections 2, 3 and 4 of this act, have the
meanings ascribed to them in those sections.

Sec. 2. Board means the
governors workforce development board created by the governor pursuant to an
executive order signed on September 1, 1996.

Sec. 3. Program means the
program established to provide temporary assistance for needy families pursuant
to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.) and other
provisions of that act relating to temporary assistance for needy families.

Sec. 4. Recipient means a
person who receives benefits pursuant to the program and:

1. Is at least 18 years of age; or

2. Has not received a certificate of
attendance pursuant to NRS 389.015, high school diploma or general equivalency
diploma and is not enrolled in a secondary school.

Sec. 5. 1.To
ensure that the services provided by the department of employment, training and
rehabilitation and the department of human resources are not duplicative,the director of the department of employment, training
and rehabilitation and the director of the department of human resources shall,
on or before October 31, 1997, enter into an interlocal agreement pursuant to
the requirements set forth in NRS 277.180 to provide job placement services for
employers and recipients in this state.

2. The board shall make recommendations
to the director of the department of employment, training and rehabilitation
and the director of the department of human resources concerning the provisions
of the interlocal agreement. The director of the department of employment,
training and rehabilitation and the director of the department of human
resources shall consider the recommendations of the board before entering into
the interlocal agreement.

Sec. 6. The interlocal
agreement must include provisions that set forth:

1. Notwithstanding the provisions of NRS
422.270, the manner in which the department of employment, training and
rehabilitation shall assist the welfare division of the department of human
resources to:

(a) Make assessments required pursuant to 42
U.S.C. § 608 of the skills, prior work experience and employability of
recipients;

(b) Establish written plans for personal
responsibility for recipients as set forth in 42 U.S.C. § 608; and

(c) Encourage recipients to expand their future
opportunities for employment by continuing their education.

2. The manner in which the department of
human resources and the department of employment, training and rehabilitation
shall coordinate the provision of services to employers, including, but not
limited to:

(a) The referral of the names of recipients to
employers for employment;

(b) The establishment and maintenance of a list
of jobs for distribution to recipients;

(c) Classroom training that is designed for the
specific requirements of an employer for employees who, on the date of hire,
were receiving benefits pursuant to the program;

(d) On-the-job training for employees who, on
the date of hire, were receiving benefits pursuant to the program;

(e) Assistance for employees in obtaining skills
necessary for continued employment and self-sufficiency for employees who, on
the date of hire, were receiving benefits pursuant to the program; and

(f) Assessments of the skills and prior work
experience of recipients.

3. The manner in which the department of
human resources and the department of employment, training and rehabilitation
shall coordinate the distribution of information to recipients concerning
programs for job training and other services, including, but not limited to,
information relating to programs established:

4. Standards to determine whether this
state is complying with the provisions of federal law that require a reduction
in spending for benefits provided pursuant to the program.

Sec. 7. 1. The
department of human resources may apply for and accept any gifts, grants or
contributions from any private source to assist the department in carrying out
the provisions of sections 2 to 8, inclusive, of this act.

2. Upon receipt of those gifts, grants or
contributions, the department of human resources shall deposit the money
received in an account in a bank or other financial institution in this state.
The director of the department of human resources shall administer the account.

3. The money in the account must be used
only to promote the job placement service and other employment services
available to employers and recipients, including, but not limited to, the
preparation, publication and distribution of brochures and pamphlets that
describe the services and incentives available to employers and recipients.

4. Any disbursements from the account by
the director of the department of human resources must be approved by director
of the department of employment, training and rehabilitation.

5. The board may make recommendations to
the director of the department of human resources and the director of the
department of employment, training and rehabilitation
concerning the use of the money in the account.

employment, training and rehabilitation concerning the use
of the money in the account. The director of the department of human resources
and the director of the department of employment, training and rehabilitation
shall consider the recommendations of the board concerning the use of the money
in the account.

6. The director of the department of
human resources shall make reasonable efforts to return to all contributors, on
a pro rata basis, any money remaining in the account on June 30, 1999, that is
not committed for expenditure.

Sec. 8. 1. The
director of the department of human resources and the director of the
department of employment, training and rehabilitation shall develop a plan to
encourage employers to employ recipients.

2. The board shall make recommendations
to the director of the department of human resources and the director of the
department of employment, training and rehabilitation concerning the
development of the plan. The director of the department of employment, training
and rehabilitation and the director of the department of human resources shall
consider the recommendations of the board before developing the plan.

3. The plan must include a procedure to
provide information to employers in this state relating to:

(a) The services described in subsection 2 of
section 6 of this act; and

(b) The recipients who have obtained jobs and
have successfully maintained those jobs.

Sec. 9. This act becomes
effective on July 1, 1997, and expires by limitation on July 1, 1999.

________

CHAPTER 395, AB 442

Assembly Bill No.
442Committee on Transportation

CHAPTER 395

AN ACT relating to the department of motor
vehicles and public safety; eliminating the fee for changing the address on a
drivers license or identification card; making various changes to
identification cards; and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 483.410 is
hereby amended to read as follows:

483.410 1. Except as
otherwise provided in subsection 6, for every drivers license, including a
motorcycle drivers license, issued and service performed the following fees
must be charged:

A license issued
to a person 65 years of age or older...................... $14

An original
license issued to any other person................................ 19

A renewal license
issued to any other person.................................. 19
Reinstatement of a license after suspension, revocation
or cancellation, except a revocation for a violation of NRS 484.379 or 484.3795
or pursuant to NRS 484.384 and 484.385 40

Reinstatement of
a license after suspension, revocation or cancellation, except a revocation for
a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385......................................................................... 40

Reinstatement of
a license after revocation for a violation of NRS 484.379 or 484.3795 or
pursuant to NRS 484.384 and 484.385...................... 65

A new photograph,
change of name, change of other information, except address
, or any combination....................................................................... 5

2. For every motorcycle endorsement to a
drivers license a fee of $5 must be charged.

3. If no other change is requested or
required, the department shall not charge a fee to convert the number of a
license from the licensees social security number, or a number that was
formulated by using the licensees social security number as a basis for the
number, to a unique number that is not based on the licensees social security
number.

4. The increase in fees authorized by NRS
483.347 and the fees charged pursuant to NRS 483.383 and 483.415 must be paid
in addition to the fees charged pursuant to subsections 1 and 2.

5. A penalty of $10 must be paid by each
person renewing his license after it has expired for a period of 30 days or
more as provided in NRS 483.386 unless he is exempt pursuant to that section.

6. The department may not charge a fee
for the reinstatement of a drivers license that has been:

(a) Voluntarily surrendered for medical reasons;
or

(b) Canceled pursuant to NRS 483.310.

7. All fees and penalties are payable to
the administrator at the time a license or a renewal license is issued.

8. Except as otherwise provided in NRS
483.415, all money collected by the department pursuant to this chapter must be
deposited in the state treasury for credit to the motor vehicle fund.

Sec. 2. NRS 483.810 is
hereby amended to read as follows:

483.810 The legislature finds and
declares that:

1. A need exists in this state for the
creation of a system of identification for residents 10 years of age or older
who do not hold [a]:

(a) A drivers
license [.];
or

(b) An identification
card issued by another state or jurisdiction.

2. To serve this purpose, official
identification cards must be prepared for issuance to those residents 10 years
of age or older who [wish to] apply
and qualify for them. The cards must be designed
in such form and distributed pursuant to such controls that they will merit the
general acceptability of drivers licenses for personal identification.

Sec. 3. NRS 483.820 is
hereby amended to read as follows:

483.820 1. Every
resident of this state 10 years of age or older who does not hold a Nevada
drivers license or a drivers license or identification
card issued by another state or jurisdiction, and [makes an application as provided in this chapter]who applies for an identification card in accordance with the provisions of NRS 483.810 to
483.890, inclusive, is entitled to receive an identification card.

card in accordance with the
provisions of NRS 483.810 to 483.890, inclusive, is entitled to receive
an identification card.

2. The department shall charge and
collect the following fees for issuance of an original, duplicate and changed
identification card:

An original or
duplicate identification card issued to a person 65 years of age or older................................................................................................... $4

An original or
duplicate identification card issued to a person under 18 years of age..................................................................................................... 3

An original or
duplicate identification card issued to any other person 9

A new photograph [,]or
change of name [, change of address or any
combination], or both.................................................................... 4

3. The department shall not charge a fee
for an identification card issued to a person who has voluntarily surrendered
his drivers license pursuant to NRS 483.420.

Sec. 4. NRS 483.850 is
hereby amended to read as follows:

483.850 1. Every
application for an identification card must be made upon a form provided by the
department and include:

(a) The applicants full name.

(b) His social security number, if any.

(c) His date of birth.

(d) His state of legal residence.

(e) His current address.

(f) A statement that he does not possess a valid
Nevada drivers license [.]or a drivers license or identification card issued by another
state or jurisdiction.

2. When the form is completed, the
applicant shall sign the form and verify the contents before a person
authorized to administer oaths.

3. At the time of applying for an
identification card, an applicant may, if eligible, register to vote pursuant
to NRS 293.524.

4. A person who
possesses a drivers license or identification card issued by another state or
jurisdiction who wishes to apply for an identification card pursuant to this
section shall surrender to the department the drivers license or
identification card issued by the other state or jurisdiction at the time he
applies for an identification card pursuant to this section.

Sec. 5. NRS 483.870 is
hereby amended to read as follows:

483.870 1. An
identification card once issued remains valid so long as the [person does not become licensed to drive a motor
vehicle and the] facts and circumstances declared in the
application and stated [in]on the card do not change. An identification card must
be surrendered upon issuance of a drivers license.

2. The holder of an identification card
shall promptly report any change in the information declared in the application
and stated in the card to the department.

3. Any change occurring in the holders
address or name as the result of marriage or otherwise or any loss of an
identification card must be reported within 10 days after the occurrence to the
department.

Sec. 6. Section 1 of this
act becomes effective at 12:01 a.m. on October 1, 1997.

AN ACT making an appropriation to the
Department of Employment, Training and Rehabilitation for the support of
programs relating to child care; and providing other matters properly relating
thereto.

[Approved July 11, 1997]

Whereas, Impending
changes to the laws governing welfare programs will require participating
families to enter the work force when their children are only 1 year of age,
and a shortage of high-quality, affordable child care for these children is
imminent; and

Whereas, The
availability of quality care during early childhood is the recognized antidote
for many social ills that plague children living in poverty, whether they are
the children of undereducated parents or the children of the working poor; and

Whereas, Intervention
during early childhood is more cost-effective than welfare programs or other
types of intervention later in life; and

Whereas, The
Turnabout AmeriCorps Child Care Program in Fallon, Nevada, has successfully met
the need for high-quality, affordable child care for nearly 100 infants and
toddlers over the past 2 years; and

Whereas, The
program has seen 6 parents graduate from high school, 7 parents receive a GED,
16 families remain enrolled in a basic education program, and 17 families
reduce or avoid welfare support and stay in the workplace; and

Whereas, By
investing $40,000 in the Fallon program, the State of Nevada will receive
approximately $125,000 from the federal AmeriCorps Program, 90 percent of which
is in the form of taxable wages or living allowances; and

Whereas, The
provision of child care to families with low incomes through programs such as
the Turnabout AmeriCorps Child Care Program in Fallon results in tremendous
savings for the State of Nevada by providing a source of high-quality,
affordable child care at rates far below the current market rates; and

Whereas, Longitudinal
studies show a savings of $7 for every $1 spent on quality programs during
early childhood, indicating a total savings of approximately $750,000 for the
taxpayers of the State of Nevada during the past 2-year operation of the Fallon
program; and

Whereas, The
Turnabout AmeriCorps Child Care Program has been the subject of professional
evaluation for the past 2 years, and the result of this objective evaluation by
experts is a recommendation that the program be replicated in other communities;
now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There
is hereby appropriated from the state general fund to the Department of
Employment, Training and Rehabilitation the sum of $319,000 for the
establishment and support of programs relating to the provision of child care
throughout this state.

2. The Department shall grant the money
appropriated by subsection 1 to persons and governmental entities in this state
for such purposes as the Department determines will expand the availability of
child care throughout this state, including, but not limited to, expenses
relating to the training of persons to become child care providers, the
refurbishment or expansion of existing child care facilities and the
establishment of new child care facilities.

3. Of the money appropriated in
subsection 1, the Department shall grant $40,000 to the Turnabout AmeriCorps
Child Care Program in Fallon, Nevada, if matching money or services, or a
combination of both, is provided by the federal AmeriCorps program. In addition,
the Department may contract with the Turnabout AmeriCorps Child Care Program to
assist in the establishment of similar child care programs in other areas of
the state.

4. The Department may not use more than
$29,000 of the money appropriated in subsection 1 for the cost of administering
the provisions of this section.

5. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1999, and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 2. This act becomes
effective upon passage and approval or on June 30, 1997, whichever occurs
earlier.

________

κ1997
Statutes of Nevada, Page 1389κ

CHAPTER 397, AB 123

Assembly Bill No.
123Committee on Government Affairs

CHAPTER 397

AN ACT relating to the legislative counsel
bureau; requiring the legislative counsel to prepare and publish a register of
certain information related to administrative regulations; requiring the
legislative counsel to make available on the Internet the information contained
in the register; requiring the legislative counsel to include in the Nevada
Administrative Code a citation of authority for each section contained therein;
and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Secs. 1-6. (Deleted by amendment.)

Sec. 7. Chapter 233B of NRS
is hereby amended by adding thereto the provisions set forth as sections 8 and
9 of this act.

Sec. 8. 1. The legislative counsel shall prepare and
publish or cause to be prepared and published a register of administrative
regulations. The register must include the following information regarding each
permanent regulation adopted by an agency:

(a) The proposed and
adopted text of the regulation and any revised version of the regulation;

(b) The notice of intent
to act upon the regulation set forth in NRS 233B.0603;

(c) The written notice of
adoption of the regulation required pursuant to NRS 233B.064;

(d) The informational
statement required pursuant to NRS 233B.066; and

(e) The effective date of
the regulation, as determined pursuant to NRS 233B.070.

In carrying out the duties set forth
in this subsection, the legislative counsel may use the services of the state
printing division of the department of administration.

2. The legislative
counsel shall publish the register not less than 10 times per year but not more
than once every 2 weeks.

3. The register
must be provided to and maintained by:

(a) The secretary of
state;

(b) The attorney general;

(c) The supreme court law
library;

(d) The state library and
archives;

(e) Each county clerk;

(f) Each county library;
and

(g) The legislative
counsel bureau.

4. The legislative
counsel may sell an additional copy of the register to any person or
governmental entity that requests a copy, at a price which does not exceed the
cost of publishing the additional copy.

5. The legislative
counsel is immune from civil liability which may result from failure to include
any information in the register.

Sec. 9. 1. The legislative counsel shall, without charge,
make available for access on the Internet or its successor, if any, the
information contained in the register of administrative regulations created
pursuant to section 8 of this act. The legislative counsel may determine the
manner in which this information is compiled and must revise the information at
least as often as the register is published pursuant to section 8 of this act.

2. This section
must not be construed to require the legislative counsel to provide any
equipment or service that would enable a person to access the Internet.

Sec. 10. NRS 233B.0603 is
hereby amended to read as follows:

233B.0603 1. The notice of
intent to act upon a regulation must:

(a) Include:

(1) A statement of the need for and
purpose of the proposed regulation.

(2) Either the terms or substance of the
proposed regulation or a description of the subjects and issues involved.

(3) A statement of the estimated economic
effect of the regulation on the business which it is to regulate and on the
public. These must be stated separately and in each case must include:

(I) Both adverse and beneficial
effects; and

(II) Both immediate and long-term
effects.

(4) The estimated cost to the agency for
enforcement of the proposed regulation.

(5) A description of any regulations of
other state or local governmental agencies which the proposed regulation
overlaps or duplicates and a statement explaining why the duplication or
overlapping is necessary. If the regulation overlaps or duplicates a federal
regulation, the notice must include the name of the regulating federal agency.

(6) If the regulation is required
pursuant to federal law, a citation and description of the federal law.

(7) If the regulation includes provisions
which are more stringent than a federal regulation that regulates the same
activity, a summary of such provisions.

(8) The time when, the place where [,] and the manner in which [,] interested persons may present their
views regarding the proposed regulation.

(b) State each address at which the text of the
proposed regulation may be inspected and copied.

(c) Include an exact copy of the provisions of
subsection 2 of NRS 233B.064.

(d) Include a statement indicating whether the
regulation establishes [any]a new fee or increases an existing fee.

(e) Be mailed to all persons who have requested
in writing that they be placed upon a mailing list, which must be kept by the
agency for that purpose.

(f) Be submitted to the
legislative counsel bureau for inclusion in the register of administrative
regulations created pursuant to section 8 of this act.

act. The publication of a notice of
intent to act upon a regulation in the register does not satisfy the
requirements for notice set forth in paragraph (e) of this subsection.

2. The attorney general may by regulation
prescribe the form of notice to be used . [, which must be distributed]

3. In addition to
distributing the notice to each recipient of the agencys regulations [. The], the
agency shall also solicit comment generally from the public and from businesses
to be affected by the proposed regulation.

Sec. 11. NRS 233B.062 is
hereby amended to read as follows:

233B.062 1. It is the policy
of this state that every regulation of an agency be made easily accessible to
the public and expressed in clear and concise language. To assist in carrying
out this policy:

(a) The attorney general shall develop
guidelines for drafting regulations; and

(b) Every permanent regulation must be
incorporated, excluding any forms used by the agency, any publication adopted
by reference, the title, [citation of authority,]any signature and other formal parts, in the
Nevada Administrative Code, and every emergency or temporary regulation must be
distributed in the same manner as the Nevada Administrative Code.

2. The legislative commission may
authorize inclusion in the Nevada Administrative Code of the regulations of an
agency otherwise exempted from the requirements of this chapter.

Sec. 12. NRS 233B.064 is
hereby amended to read as follows:

233B.064 1. An agency shall
not adopt, amend or repeal a permanent regulation until it has received from
the legislative counsel the approved or revised text of the regulation in the
form to be adopted. The agency shall immediately notify the legislative counsel
in writing of the date of adoption of each
regulation adopted.

2. Upon adoption of any regulation, the
agency, if requested to do so by an interested person, either [prior to]before
adoption or within 30 days thereafter, shall issue a concise statement of the
principal reasons for and against its adoption, and incorporate therein its
reason for overruling the consideration urged against its adoption.

Sec. 13. NRS 233B.065 is
hereby amended to read as follows:

233B.065 1. The legislative
counsel shall prescribe the numbering, page size, style and typography of the Nevada
Administrative Code. For convenience of reproduction in the code, he may
prescribe the same matters in original agency regulations.

2. The legislative counsel shall cause to
be included in the Nevada Administrative Code the [date]:

(a) Date on which
an agency last completed a review of its regulations pursuant to paragraph (e)
of subsection 1 of NRS 233B.050 [.]; and

(b) Citation of authority
pursuant to which the agency adopted each section of a permanent regulation.

3. The legislative counsel shall prepare
or cause the superintendent of the state printing division of the department of
administration to prepare such sets of the Nevada Administrative Code and of
supplementary pages as are required from time to time.

are required from time to time. A set must be provided to
and kept respectively:

(a) By the secretary of state as the master
copy;

(b) By the state librarian for public use;

(c) By the attorney general for his use and that
of the executive department; and

(d) By the legislative counsel for his use and
that of the legislature.

The legislative commission may direct the preparation of
additional sets or pages, or both, and specify the places where those sets or
parts of sets are to be kept and the uses to be made of them.

4. The legislative counsel shall, without
charge, provide:

(a) A complete set of the Nevada Administrative
Code, upon request, to each person who is on July 1, 1985, or who becomes after
that date a member of the legislature; and

(b) To each legislator who has so acquired the
code, the replacement or supplementary pages which are issued during his term
of office.

5. Each agency shall reimburse the
legislative counsel bureau and the state printing division of the department of
administration for their respective costs in preparing and keeping current that
agencys portion of the Nevada Administrative Code in the number of copies
required for official and public use. If additional sets or pages are sold, the
legislative commission shall set sale prices sufficient to recover at least the
cost of production and distribution of the additional sets or pages.

Sec. 14. The amendatory
provisions of sections 11 and 13 of this act apply only to permanent
regulations adopted on or after July 1, 1997.

Sec. 15. 1. This
section and sections 7, 8, 9, 12 and 14 of this act, become effective on
October 1, 1997.

2. Sections 10, 11 and 13 of this act
become effective at 12:01 a.m. on October 1, 1997.

________

CHAPTER 398, AB 17

Assembly Bill No.
17Committee on Government Affairs

CHAPTER 398

AN ACT relating to taxation; authorizing
the use of proceeds from the real property transfer tax for the development of
affordable housing; and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 375.070 is
hereby amended to read as follows:

375.070 1. The county
recorder shall transmit the proceeds of the real property transfer tax at the
end of each quarter in the following manner:

(a) An amount equal to that portion of the
proceeds which is equivalent to 10 cents for each $500 of value or fraction
thereof must be transmitted to the state treasurer who
shall deposit that amount in the account for low-income housing created
pursuant to NRS 319.500.

the state treasurer who shall deposit that amount in the
account for low-income housing created pursuant to NRS 319.500.

(b) The remaining proceeds must be transmitted
to the county treasurer, who shall in Carson City, and in any county where
there are no incorporated cities, deposit them all in the general fund, and in
other counties deposit 25 percent of them in the general fund and apportion the
remainder as follows:

(1) If there is one incorporated city in
the county, between that city and the county general fund in proportion to the
respective populations of the city and the unincorporated area of the county.

(2) If there are two or more cities in
the county, among the cities in proportion to their respective populations.

2. If there is any incorporated city in a
county, the county recorder shall charge each city a fee equal to 2 percent of
the real property transfer tax which is transferred to that city.

3. In addition to
any other authorized use of the proceeds it receives pursuant to subsection 1,
a county or city may use the proceeds to pay expenses related to or incurred
for the development of affordable housing for families whose income does not
exceed 80 percent of the median income for families residing in the same
county, as that percentage is defined by the United States Department of
Housing and Urban Development. A county or city that uses the proceeds in that
manner must give priority to the development of affordable housing for persons
who are disabled or elderly.

4. The expenses
authorized by subsection 3 include, but are not limited to:

(a) The costs to acquire
land and developmental rights;

(b) Related
predevelopment expenses;

(c) The costs to develop
the land, including the payment of related rebates;

(d) Contributions toward
down payments made for the purchase of affordable housing; and

AN ACT relating to industrial insurance;
authorizing employers to request medical examinations of injured workers;
requiring in certain counties that a test of an injured worker for the use of
alcohol or a controlled substance be performed pursuant to national standards;
and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 616C.140 is
hereby amended to read as follows:

616C.140 1. Any employee who
is entitled to receive compensation under chapters 616A to 616D, inclusive, of
NRS shall, if:

(a) Requested by the insurer [;]or employer;
or

(b) Ordered by an appeals officer or a hearing
officer,

submit himself for medical examination at a time and from
time to time at a place reasonably convenient for the employee, and as may be
provided by the regulations of the division.

2. If the insurer has reasonable cause to
believe that an injured employee who is receiving compensation for a permanent
total disability is no longer disabled, the insurer may request the employee to
submit to an annual medical examination to determine whether the disability
still exists. The insurer shall pay the costs of the examination.

3. The request or order for an
examination must fix a time and place therefor, with due regard for the nature
of the medical examination, the convenience of the employee, his physical
condition and his ability to attend at the time and place fixed.

4. The employee is entitled to have a
physician or chiropractor, provided and paid for by him, present at any such
examination.

5. If the employee refuses to submit to
an examination ordered or requested pursuant to subsection 1 or 2 or obstructs
the examination, his right to compensation is suspended until the examination
has taken place, and no compensation is payable during or for the period of
suspension.

6. Any physician or chiropractor who
makes or is present at any such examination may be required to testify as to
the result thereof.

Sec. 2. NRS 616C.230 is
hereby amended to read as follows:

616C.230 1. Compensation
is not payable pursuant to the provisions of chapters 616A to 616D, inclusive,
of NRS for an injury:

(c) Proximately caused by the employees
intoxication. If the employee was intoxicated at the time of his injury,
intoxication must be presumed to be a proximate cause unless rebutted by
evidence to the contrary.

(d) Proximately caused by the employees use of
a controlled substance. If the employee had any amount of a controlled
substance in his system at the time of his injury for which the employee did
not have a current and lawful prescription issued in his name, the controlled
substance must be presumed to be a proximate cause unless rebutted by evidence
to the contrary.

2. For the
purposes of paragraphs (c) and (d) [, the]of subsection 1:

(a) The affidavit
of an expert or other person described in NRS 50.315 is admissible to prove the
existence of any alcohol or the existence, quantity or identity of a controlled
substance in an employees system. If the affidavit is to be so used, it must
be submitted in the manner prescribed in NRS 616C.355.

[2.](b) When an examination requested or ordered includes
testing for the use of alcohol or a controlled substance:

(1) If the
laboratory that conducts the testing is located in a county whose population is
100,000 or more and the testing is of urine, the laboratory must be certified
for forensic testing of urine for drugs by the College of American Pathologists
or a successor organization or by the federal Department of Health and Human
Services; and

(2) Any such
testing of breath for alcohol must be performed pursuant to the regulations of
the federal Department of Transportation.

3. No
compensation is payable for the death, disability or treatment of an employee
if his death is caused by, or insofar as his disability is aggravated, caused
or continued by, an unreasonable refusal or neglect to submit to or to follow
any competent and reasonable surgical treatment or medical aid.

[3.]4. If any employee persists in an
unsanitary or injurious practice that imperils or retards his recovery, or
refuses to submit to such medical or surgical treatment as is necessary to
promote his recovery, his compensation may be reduced or suspended.

[4.]5. An injured employees compensation,
other than accident benefits, must be suspended if:

(a) A physician or chiropractor determines that
the employee is unable to undergo treatment, testing or examination for the
industrial injury solely because of a condition or injury that did not arise
out of and in the course of his employment; and

(b) It is within the ability of the employee to
correct the nonindustrial condition or injury.

The compensation must be suspended until the injured
employee is able to resume treatment, testing or examination for the industrial
injury. The insurer may elect to pay for the treatment of the nonindustrial
condition or injury.

Sec. 3. This act becomes
effective on July 1, 1999.

________

κ1997
Statutes of Nevada, Page 1396κ

CHAPTER 400, SB 235

Senate Bill No.
235Senator McGinness

CHAPTER 400

AN ACT making an appropriation from the
state highway fund to the Department of Motor Vehicles and Public Safety for
the establishment and maintenance of a branch office in Mineral County; and
providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state highway fund to the Department of Motor Vehicles
and Public Safety for the creation and maintenance of a branch office of the
department in Mineral County:

For the fiscal year 1997-1998......................................................... $127,489

For the fiscal year 1998-1999......................................................... $128,556

Sec. 2. Any balance of the
sums appropriated by section 1 of this act remaining at the end of the
respective fiscal years must not be committed for expenditure after June 30 and
reverts to the state highway fund as soon as all payments of money committed
have been made.

Sec. 3. This act becomes
effective on July 1, 1997.

________

CHAPTER 401, SB 266

Senate Bill No.
266Senators Titus and Wiener

CHAPTER 401

AN ACT relating to hazardous materials;
revising provisions governing highly hazardous substances; prohibiting certain
acts relating to the regulation of hazardous materials; authorizing a program
to prevent and minimize the consequences of the accidental release of hazardous
substances; providing a penalty; and providing other matters properly relating
thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 459 of
NRS is hereby amended by adding thereto the provisions set forth as
sections 2, 3 and 4 of this act.

Sec. 2. 1. Except as otherwise provided in this section
and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and this
section apply to a regulated facility that produces, uses, stores or handles a
highly hazardous substance in a quantity:

(a) Equal to or greater
than the amount set forth in NRS 459.3816; or

(b) Less than the amount
set forth in NRS 459.3816 if there are two or more releases from the regulated
facility of the same or different highly hazardous substances during any
12-month period and:

(1) The release of
the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302;
or

(2) Each quantity
released is equal to or greater than a maximum quantity allowable as
established by regulation of the state environmental commission.

2. A regulated
facility described in paragraph (b) of subsection 1 is exempt from complying
with the provisions of NRS 459.380 to 459.3874, inclusive, and this section if:

(a) The division
determines that the regulated facility has:

(1) Carried out
the detailed plan to abate hazards recommended pursuant to subsection 8 of NRS
459.3852; and

(2) Complied with
such other provisions of NRS 459.380 to 459.3874, inclusive, and this section,
and the regulations adopted pursuant thereto, as the division requires; and

(b) The regulated
facility obtains an exemption from the state environmental commission. The
state environmental commission shall adopt by regulation the procedures for
obtaining such an exemption.

3. As used in this
section, highly hazardous substance means any substance designated as such in
NRS 459.3816 or any regulations adopted pursuant thereto.

Sec. 3. 1. The state department of conservation and
natural resources may, in accordance with the authority granted to it pursuant
to NRS 445B.205, apply for and accept any delegation of authority and any grant
of money from the Federal Government for the purpose of establishing and
carrying out a program to prevent and minimize the consequences of the
accidental release of hazardous substances in accordance with the provisions of
42 U.S.C. § 7412(r).

2. The state
environmental commission may adopt such regulations as it determines are
necessary to establish and carry out such a program. The regulations must:

(a) Establish a list of
hazardous substances and the quantities thereof that will be regulated pursuant
to the program.

(b) Provide that the
provisions of NRS 459.3824, 459.3826 and 459.3828 apply to all facilities
regulated pursuant to the program.

(c) Provide that a person
who violates any such regulation or the provisions of NRS 459.3824, 459.3826 or
459.3828 is, in addition to any penalty that may apply pursuant to section 4 of
this act, subject to a civil administrative penalty not to exceed $10,000 per
day of the violation, and that each day on which the violation continues
constitutes a separate and distinct violation. Any penalty imposed pursuant to
this paragraph may be recovered with costs in a summary proceeding by the
attorney general.

3. The division of
environmental protection of the state department of conservation and natural
resources:

(a) Shall carry out and
enforce the provisions of the program.

(b) May enter into
cooperative agreements with other agencies of this state for the enforcement of
specific provisions of the program.

4. The division of
environmental protection of the state department of conservation and natural
resources may compromise and settle any claim for any penalty under this
section in such amount in the discretion of the division as may appear
appropriate and equitable under all of the circumstances, including the posting
of a performance bond by the violator.

If a violator is subject to the
imposition of more than one civil administrative penalty for the same
violation, the division shall compromise and settle the claim for the penalty
under this section in such amount as to avoid the duplication of penalties.

5. If a person
violates any regulation adopted pursuant to subsection 2, or the provisions of
NRS 459.3824, 459.3826 or 459.3828, the division of environmental protection of
the state department of conservation and natural resources may institute a
civil action in a court of competent jurisdiction for injunctive or any other
appropriate relief to prohibit and prevent the violation and the court may
proceed in the action in a summary manner.

Sec. 4. 1. A person subject to the regulations adopted by
the state department of conservation and natural resources pursuant to section
3 of this act shall not knowingly:

(a) Violate any such
regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828;

(b) Make any false
material statement, representation or certification in any required form,
notice or report; or

(c) Render inaccurate any
required monitoring device or method.

2. A person who
violates subsection 1 shall be punished by a fine of not more than $10,000 per
day of the violation, and each day on which the violation continues constitutes
a separate and distinct violation.

2. The division, in consultation with the health districts created pursuant to NRS 439.370, the
health division of the department of human resources and the division of
industrial relations of the department of business and industry , shall regularly examine the sources of information
available to it with regard to potentially highly hazardous substances. The
division shall, by regulation, add to the list of highly hazardous substances
any chemical that is identified as being used, manufactured, stored, or capable
of being produced, at a facility, in sufficient quantities at a single site,
that its release into the environment would produce a significant likelihood
that persons exposed would suffer death or substantial bodily harm as a
consequence of the exposure.

Sec. 8. NRS 459.3846 is
hereby amended to read as follows:

459.3846 1. The person who
conducted the assessment shall prepare and provide to the division and the
facility a written report of assessment of the risk through analysis of the
hazard, which must use as its standard the best available technology for
control and must include findings, conclusions and recommendations.

2. The report must be written in a format
that will permit its publication. To the extent that any portion of the report
requires discussion of trade secrets, that information must be contained in a
severable addendum to the report. In writing the report, the person who
conducted the assessment shall, while protecting trade secrets, include in the publishable portion of the report sufficient information, in
clear and comprehensible nontechnical language, to enable a member of the
public to understand the significance of the reports findings, conclusions and
recommendations.

publishable portion of the report sufficient information, in
clear and comprehensible nontechnical language, to enable a member of the
public to understand the significance of the reports findings, conclusions and
recommendations.

3. A plan or
report required pursuant to 42 U.S.C. § 7412(r), or any regulations adopted
pursuant thereto, that is substantially equivalent to the report required
pursuant to subsections 1 and 2 shall be deemed to satisfy the requirements of
subsections 1 and 2.

4. A trade
secret is entitled to protection under this section only if:

(a) The registrant of the facility has not
disclosed the information to any other person, other than a member of a local
emergency planning committee, an officer or employee of the United States or a
state or local government, an employee of such a person, or a person who is
bound by an agreement of confidentiality, and the registrant has taken
reasonable measures to protect the confidentiality of the information and
intends to continue to take such measures;

(b) The information is not required to be
disclosed, or otherwise made available, to the public under any other federal
or state law;

(c) Disclosure of the information is likely to
cause substantial harm to the competitive position of the registrant; and

(d) The chemical identity of a substance, if
that is the trade secret, is not readily discoverable through analysis of the
product containing it or scientific knowledge of how such a product must be
made.

Sec. 9. NRS 459.705 is
hereby amended to read as follows:

459.705 1. Every person who
transports in a motor vehicle upon the highways of this state hazardous
materials which are required to be placarded in accordance with federal law
shall, pursuant to regulations of the department:

(a) Obtain from the division a permit to
transport the hazardous materials.

(b) Submit each motor vehicle used to transport
the hazardous materials for an inspection pursuant to the regulations of the
department as to the safety of the vehicle to transport hazardous materials.

2. [The]Except as otherwise provided in subsection 3, the
department shall adopt regulations concerning such permits. The regulations mayrequire that the permit or a legible copy of the permit be carried in the
drivers compartment of the motor vehicle at all times while the vehicle is
used to transport hazardous materials.

3. The department
shall not adopt any regulation requiring such a permit or requiring
recordkeeping for the purposes of such a permit for a motor vehicle unless the
motor vehicle is actually used to transport hazardous material:

(a) Of a type and amount
for which a vehicle transporting the substance must be placarded pursuant to 49
C.F.R. Part 172;

(b) Of a type and amount
for which a uniform hazardous waste manifest is required pursuant to 40 C.F.R.
Part 262;

(c) Which is transported
in bulk packaging, as defined in 49 C.F.R. § 171.8; or

4. In
addition to complying with the provisions of this section and any regulations
adopted pursuant thereto, the division shall comply with the provisions of NRS
459.707 and 459.708 if an application is submitted for a permit to transport
radioactive waste.

Sec. 10. 1. This
section and sections 1, 2 and 7 of this act become effective upon passage and
approval.

2. Sections 3 to 6, inclusive, 8 and 9 of
this act become effective on October 1, 1997.

________

CHAPTER 402, SB 293

Senate Bill No.
293Committee on Natural Resources

CHAPTER 402

AN ACT relating to the division of
agriculture of the department of business and industry; requiring the
administrator of the division to appoint a person to manage the activities of
the division pertaining to natural resources, land use planning and the
management and control of wild horses and estrays; providing that the person
appointed is in the unclassified service; providing his duties; making an
appropriation; and providing other matters properly relating thereto.

[Approved July 11, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 561 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The
administrator shall appoint a person to manage the activities of the division
pertaining to natural resources, land use planning and the management and
control of wild horses and estrays. The person must be appointed on the basis
of merit and is in the unclassified service. The administrator may remove the
person from office with the approval of the board.

2. The person
appointed shall:

(a) Establish and carry
out a policy for the management and control of estrays and the preservation and
allocation of natural resources necessary to advance and protect the livestock
and agricultural industries in this state.

(b) Develop cooperative
agreements and working relationships with federal and state agencies and local
governments for land use planning and the preservation and allocation of
natural resources necessary to advance and protect the livestock and
agricultural industries in this state.

(c) Cooperate with
private organizations and governmental agencies to develop procedures and
policies for the management and control of wild horses.

(d) Monitor gatherings of
estrays conducted pursuant to the provisions of NRS 569.040 to 569.130,
inclusive, and assist district brand inspectors in identifying estrays before
they are sold or given a placement or other disposition through a cooperative
agreement established pursuant to NRS 569.031.

(e) Provide the general
public with information relating to the activities of the division and solicit
recommendations from the general public and advisory groups concerning those
activities.

(f) Make assessments of
the level of competition between livestock and wildlife for food and water,
collect data concerning the movement of livestock and perform activities
necessary to control noxious weeds.

(g) Participate in land
use planning relating to the competition for food and water between livestock
and wildlife to ensure the maintenance of the habitat of both livestock and
wildlife.

(h) Present testimony,
conduct research and prepare reports for the governor, the legislature, the
administrator and any other person or governmental entity as directed by the
administrator.

(i) Develop and carry out
a program to educate the public concerning the various programs administered by
the division, including programs for the management and control of estrays.

(j) Make proposals to the
administrator for the amendment of the regulations adopted by the board
pursuant to NRS 561.105.

(k) Perform such other
duties as directed by the administrator.

3. As used in this
section:

(a) Estray has the
meaning ascribed to it in NRS 569.005.

(b) Wild horse has the
meaning ascribed to it in NRS 504.430.

Sec. 2. The person appointed
pursuant to section 1 of this act is entitled to receive a salary of not more
than $50,000 per year for fiscal years 1997-1998 and 1998-1999.

Sec. 3. 1. There
is hereby appropriated from the state general fund to the division of
agriculture of the department of business and industry for the costs to carry
out the provisions of this act:

For the fiscal year 1997-1998........................................................................... $86,924

For the fiscal year 1998-1999........................................................................... $79,162

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1999, and reverts to the state general fund as soon as all payments of
money committed have been made.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 623 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Architects,
registered interior designers, residential designers, professional engineers
and landscape architects may join or form a partnership, corporation,
limited-liability company or other business organization or association with
registrants and licensees outside of their field of practice, or with persons
who are not registered or licensed, if control and two-thirds ownership of the
business organization or association is held by persons registered or licensed
in this state pursuant to the applicable provisions of this chapter, chapter
623A or chapter 625 of NRS.

2. If a
partnership, corporation, limited-liability company or other form of business
organization or association wishes to practice pursuant to the provisions of
this section, it must:

(a) Demonstrate to the
board that it is in compliance with all provisions of this section.

(b) Pay the fee for a
certificate of registration pursuant to NRS 623.310.

(c) Qualify to do
business in this state.

(d) If it is a corporation,
register with the board and furnish to the board a complete list of all
stockholders when it first files with the board and annually thereafter within
30 days after the annual meeting of the stockholders of the corporation,
showing the number of shares held by each stockholder.

(e) If it is a
partnership, limited-liability company or other form of business organization
or association, register with the board and furnish to the board such
information analogous to that required by paragraph (d) as the board may
prescribe by regulation.

3. A partnership,
corporation, limited-liability company or other form of business organization
or association practicing under the provisions of this section may not perform,
promote or advertise the services of a registrant or licensee unless that
registrant or licensee is an owner of the business organization or association.

4. As used in this
section, control means the direct or indirect possession of the power to
direct or cause the direction of the management and policies of a business
organization or association.

623.350 1. [This chapter does not prevent firms, partnerships,
corporations or associations of architects, registered interior designers,
professional engineers and landscape architects, or any combination thereof,
from practicing as such, if each director, stockholder and officer of the
corporation and each partner or associate of the firm, partnership or
association is registered or licensed pursuant to the applicable provisions of
this chapter, chapter 623A or chapter 625 of NRS.

2.] Every
office or place of business of any [firm,]
partnership, corporation , limited-liability company or
other business organization or association engaged in the practice of
architecture [must]pursuant to the provisions of section 1 of this act shall
have an architect who is a resident of this state and holds a certificate of
registration issued pursuant to this chapter regularly working in the office or
place of business and directly responsible for the administration of the
architectural work conducted in the office or place of business.

[3.] The
provisions of this subsection [2] do not apply to [firms,] partnerships, corporations , limited-liability companies or other business organization
or associations engaged in the practice of architecture at offices established
for construction administration.

2. A registrant or
licensee practicing in a business organization or association which holds a
certificate issued pursuant to section 1 of this act remains subject to NRS
89.220.

3. If a person who
is not registered or licensed, or a registrant or licensee who is not an owner,
and who is employed by or affiliated with a business organization or
association which holds a certificate issued pursuant to section 1 of this act
is found by the board to have violated a provision of this chapter or a
regulation of the board, the board may hold the business organization or
association and the registrants and licensees who are owners responsible for
the violation.

Sec. 3. NRS 623A.250 is
hereby amended to read as follows:

623A.250 1. A
firm, partnership, corporation or association may engage in the practice of
landscape architecture if:

[1.](a) All work is under the supervision and
direction of a certificate holder;

[2.](b) The name or names of all certificate holders
appear in the name of the firm, partnership, corporation or association;

[3.](c) The name of the certificate holder appears on
all papers or documents used in the practice of landscape architecture; and

[4.](d) All instruments of service are signed by the
certificate holder.

2. Architects,
registered interior designers, residential designers, professional engineers
and landscape architects may, in accordance with section 1 of this act, join or
form a partnership, corporation, limited-liability company or other business
organization or association with registrants and licensees outside of their
field of practice, or with persons who are not registered or licensed.

(a) A firm, partnership, corporation or other
person engaged in or offering to engage in the practice of engineering orland surveying in this state shall employ full time at
least one professional engineer or professionalland
surveyor,respectively, at each place of business
where such work is or will be performed; and

(b) All engineering orland-surveying
work done at a place of business must be performed under a professional
engineer or professionalland surveyor,respectively,who has
been placed in responsible charge of thework and
who is employed full time at that particular place of business.

2. If the only professional engineer or
professionalland surveyor employed full time at
a place of business where engineering orland-surveying
work is performed ceases to be employed at that place of business, during the
30 days next following his departure:

(a) The place of business is not required to
employ full time a professional engineer or professionalland surveyor; and

(b) The professional engineer or professionalland surveyor placed in responsible charge of
engineering or land-surveyingwork performed at
the place of business is not required to be employed full time at that place of
business.

3. Except as otherwise provided in
subsection [4:]5:

(a) A firm, partnership, corporation or other
person who performs or offers to perform engineering services in a certain
discipline at a particular place of business shall employ full time at that
place of business a professional engineer licensed in that discipline.

(b) Each person who holds himself out as
practicing a certain discipline of engineering must be licensed in that
discipline or employ full time a professional engineer licensed in that
discipline.

4. Architects,
registered interior designers, residential designers, professional engineers
and landscape architects may, in accordance with section 1 of this act, join or
form a partnership, corporation, limited-liability company or other business
organization or association with registrants and licensees outside of their
field of practice, or with persons who are not registered or licensed.

5. The
provisions of this section do not apply to a firm, partnership, corporation or
other person who:

(a) Practices professional engineering for his
benefit and does not engage in the practice of professional engineering or
offer professional engineering services to other persons; or

(b) Is engaged in the practice of professional
engineering orland surveying in offices
established for limited or temporary purposes, including offices established
for the convenience of field survey crews or offices established for inspecting
construction.

Sec. 5. Chapter 278 of NRS
is hereby amended by adding thereto a new section to read as follows:

A city or county building
inspector, or other officer performing the functions of that position, shall
notify the state board of architecture, interior
design and residential design in writing if a registered architect, interior
designer or residential designer:

interior design and residential
design in writing if a registered architect, interior designer or residential
designer:

1. Submits plans
for a project which are substantially incomplete; or

2. Submits plans
for the same project which are rejected by the city or county officer at least
three times.

Sec. 6. Chapter 338 of NRS
is hereby amended by adding thereto a new section to read as follows:

A public body shall notify the
state board of architecture, interior design and residential design in writing
if a registered architect, interior designer or residential designer:

1. Submits plans
for a project which are substantially incomplete; or

2. Submits plans
for the same project which are rejected by the public body at least three
times.

Sec. 7. Section
1 of Assembly Bill No. 105 of this session is hereby amended to read as
follows:

Section 1. Chapter
623 of NRS is hereby amended by adding thereto a new section to read as
follows:

The
board may, by regulation, require each architect, interior designer or
residential designer who holds a certificate of registration pursuant to the
provisions of this chapter to complete not more than 12 hours per year of
continuing education as a condition to the renewal of his certificate.

Sec. 8. 1. This
section and section 7 become effective upon passage and approval or on June 30,
1997, whichever occurs earlier.

2. Sections 1, 3, 5 and 6 become
effective on October 1, 1997.

3. Sections 2 and 4 of this act become
effective at 12:01 a.m. on October 1, 1997.

________

CHAPTER 404, AB 611

Assembly Bill No.
611Committee on Taxation

CHAPTER 404

AN ACT relating to taxes on retail sales;
providing for the submission to the voters of the question whether the Sales and
Use Tax Act of 1955 should be amended to impose the tax on sales of items
purchased by this state and local governments for resale to the public;
contingently imposing analogous taxes on such sales; and providing other
matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. At the general
election on November 3, 1998, a proposal must be submitted to the registered
voters of this state to amend the Sales and Use Tax Act, which was enacted by
the 47th session of the legislature of the State of Nevada and approved by the
governor in 1955, and subsequently approved by the people of this state at the
general election held on November 6, 1956.

Sec. 2. At the time and in
the manner provided by law, the secretary of state shall transmit the proposed
act to the several county clerks, and the county clerks shall cause it to be
published and posted as provided by law.

Sec. 3. The proclamation and
notice to the voters given by the county clerks pursuant to law must be in
substantially the following form:

Notice is hereby given that
at the general election on November 3, 1998, a question will appear on the
ballot for the adoption or rejection by the registered voters of the state of
the following proposed act:

AN ACT to amend
an act entitled An Act to provide revenue for the State of Nevada; providing
for sales and use taxes; providing for the manner of collection; defining
certain terms; providing penalties for violation, and other matters properly
relating thereto. approved March 29, 1955, as amended.

THE
PEOPLE OF THE STATE OF NEVADA,

DO
ENACT AS FOLLOWS:

Section 1. Section
14 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at
page 765, is hereby amended to read as follows:

Sec. 14. Seller
includes every person , the State of Nevada, its
unincorporated agencies and instrumentalities, any county, city, district or
other political subdivision of this state engaged in the business of
selling tangible personal property of a kind, the gross receipts from the
retail sale of which are required to be included in the measure of the sales
tax.

Sec. 2. Section
50 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at
page 771, is hereby amended to read as follows:

Sec. 50. 1. There are exempted from the computation
of the amount of the sales tax the gross receipts from the sale of any tangible
personal property to:

[1.](a) The United States, its unincorporated
agencies and instrumentalities.

[2.](b) Any incorporated agency or
instrumentality of the United States wholly owned by the United States or by a
corporation wholly owned by the United States.

[3.](c) The State of Nevada, its unincorporated
agencies and instrumentalities.

[4.](d) Any county, city, district or other
political subdivision of this state.

2. Except
as otherwise provided in subsection 2, there are exempted from the computation
of the amount of the sales tax the gross receipts from the sale of any tangible
personal property by:

(a) The
State of Nevada, its unincorporated agencies and instrumentalities.

(b) Any
county, city, district or other political subdivision of this state.

Sec. 4. The ballot page
assemblies and the paper ballots to be used in voting on the question must
present the question in substantially the following form:

Shall the Sales and Use Tax
Act of 1955 be amended to impose the sales and use tax upon items purchased by
this state or by a local government or local governmental agency for resale to
the public by the governmental entity?

Yes ¨............. No ¨

Sec. 5. The explanation of
the question which must appear on each paper ballot and sample ballot and in
every publication and posting of notice of the question must be in
substantially the following form:

(Explanation
of Question)

The proposed amendment to
the Sales and Use Tax Act of 1955 would impose the tax upon the gross receipts
from the sale of tangible personal property purchased by the state or a local
government or local governmental agency for resale to the public.

Sec. 6. If a majority of the
votes cast on the question is yes, the amendment to the Sales and Use Tax Act
of 1955 becomes effective on January 1, 1999. If less than a majority of votes
cast on the question is yes, the question fails and the amendment to the Sales
and Use Tax Act of 1955 does not become effective.

Sec. 7. All general election
laws not inconsistent with this act are applicable.

Sec. 8. Any informalities,
omissions or defects in the content or making of the publications,
proclamations or notices provided for in this act and by the general election
laws under which this election is held must be so construed as not to
invalidate the adoption of the act by a majority of the registered voters
voting on the question if it can be ascertained with reasonable certainty from
the official returns transmitted to the office of the secretary of state
whether the proposed amendment was adopted by a majority of those registered
voters.

Sec. 9. NRS 374.075 is
hereby amended to read as follows:

374.075Seller includes every
person , the State of Nevada, its unincorporated agencies
and instrumentalities, any county, city, district or other political
subdivision of this state engaged in the business of selling tangible
personal property of a kind, the gross receipts from the retail sale of which
are required to be included in the measure of the sales tax.

Sec. 10. NRS 374.330 is
hereby amended to read as follows:

374.330 1. There
are exempted from the computation of the amount of the sales tax the gross
receipts from the sale of any tangible personal property to:

[1.](a) The United States, its unincorporated
agencies and instrumentalities.

[2.](b) Any incorporated agency or instrumentality of
the United States wholly owned by the United States or by a corporation wholly
owned by the United States.

[3.](c) The State of Nevada, its unincorporated
agencies and instrumentalities.

[4.](d) Any county, city, district or other political
subdivision of this state.

2. Except as
otherwise provided in subsection 3, there are exempted from the computation of
the amount of the sales tax the gross receipts from the sale of any tangible
personal property by:

(a) The State of Nevada,
its unincorporated agencies and instrumentalities.

(b) Any county, city,
district or other political subdivision of this state.

3. The provisions
of subsection 2 do not apply to the sale of items of tangible personal property
which are purchased by the governmental entity for resale to the public.

Sec. 11. Sections 9 and 10
of this act become effective on January 1, 1999, only if the proposal submitted
pursuant to sections 1 to 5, inclusive, of this act is approved by the voters
at the general election on November 3, 1998.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 394.443 is
hereby amended to read as follows:

394.443A postsecondary
educational institution shall:

1. Post in a conspicuous place a notice
supplied by the administrator stating that grievances may be submitted to the
administrator for resolution.

2. Issue a receipt to all students, and
retain a copy, for all money paid to the institution.

3. Submit an annual report to the
commission on forms it supplies. The report must
include, without limitation, the annual income received by the institution from
tuition.

Sec. 2. NRS 394.480 is
hereby amended to read as follows:

394.480 1. Each
postsecondary educational institution initially licensed on or after July 1,
1995, [and] each postsecondary
educational institution or other entity not licensed in this state which is
authorized to employ one or more agents in this state, and
each licensed postsecondary educational institution
which is adding a facility at a new location shall file with the administrator
a surety bond in the amount of $10,000.

institution which is adding a
facility at a new location shall file with the administrator a surety
bond in the amount of $10,000. Except when a surety is
released, the surety bond must cover:

(a) The period of the
initial license to operate, including any provisional period;

(b) The period of the
agents permit; or

(c) A period ending 2
years after the completion of the facility at the new location,

as appropriate.

2. A licensed
postsecondary educational institution shall file with the administrator a
surety bond in the amount of $100,000 or 25 percent of the annual income of the
institution received from tuition as reported in its annual report to the
commission, whichever is greater, if:

(a) The institution
participates in a program pursuant to the provisions of Subchapter IV of
Chapter 28 of Title 20 of the United States Code (20 U.S.C. §§ 1070 et seq.);
and

(b) In any year, the
default rate of the institution published by the Secretary of Education
pursuant to those provisions exceeds the maximum allowable default rate
prescribed by federal law or by the Secretary of Education pursuant to federal
law.

Except when a surety is released, the
bond must cover a period ending 2 years after the date on which the default
rate of the institution is published as exceeding the maximum allowable rate.

3. The bond required of a postsecondary educational institution pursuant
to subsections 1 and 2 must be executed by the institution or other
entity as principal and by a surety company as surety. The bond must be payable
to the State of Nevada and must be conditioned to provide indemnification to
any student, enrollee or his parent or guardian, determined by the commission
to have suffered damage as a result of any act by the postsecondary educational
institution that is a violation of NRS 394.383 to 394.560, inclusive. The
bonding company shall provide indemnification upon receipt of written notice of
the determination by the commission. The bond may be continuous, but regardless
of the duration of the bond the aggregate liability of the surety does not
exceed the penal sum of the bond.

[2. Except
when a surety is released, the surety bond must cover the period of the initial
license to operate, including any provisional period, or the agents permit, as
appropriate.

3.]4. A surety on any bond filed pursuant to
this section may be released after the surety gives 30 days written notice to
the administrator, but the release does not discharge or otherwise affect any
claim filed by a student, enrollee or his parent or guardian for damage
resulting from any act of the postsecondary educational institution or agent
alleged to have occurred while the bond was in effect, [nor]or for an institutions ceasing operations during
the term for which tuition had been paid while the bond was in force.

[4.]5. A license or an agents permit is
suspended by operation of law when the institution or agent is no longer
covered by a surety bond as required by this section. The administrator shall
give the institution or agent, or both, at least 20 days
written notice before the release of the surety, to the effect that the license
or permit will be suspended by operation of law until another surety bond is
filed in the same manner and amount as the bond being terminated.

agent, or both, at least 20 days written notice before the
release of the surety, to the effect that the license or permit will be
suspended by operation of law until another surety bond is filed in the same
manner and amount as the bond being terminated.

[5.]6. If any student is entitled to a refund
from an institution pursuant to any provision of NRS 394.383 to 394.560,
inclusive, the surety shall provide indemnification.

________

CHAPTER 406, AB 613

Assembly Bill No.
613Committee on Taxation

CHAPTER 406

AN ACT relating to taxation; clarifying
and expanding the procedures available for collection of taxes; and providing
other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 360 of NRS is
hereby amended by adding thereto a new section to read as follows:

The county clerk, immediately
upon the filing of the application and certificate pursuant to NRS 360.420,
shall enter a judgment for the State of Nevada against the person liable for
the payment in the amount required to be paid, together with any penalties and
interest due as set forth in the certificate. The department shall serve a copy
of the judgment, together with the application and the certificate, upon the person
against whom the judgment is entered, either by personal service or by mailing
a copy to his last known address as it appears in the records of the
department.

Sec. 2. NRS 360.100 is
hereby amended to read as follows:

360.100 The department shall:

1. [Make]On or before January 15 of each year, prepare and
publish [an annual report for each fiscal year,
showing its]a report that shows the
transactions and proceedings [for such year.

2. Furnish]of the department which took place during the immediately
preceding fiscal year.

2. Upon request,
furnish to the governor [, from time to
time when requested by him,] statements showing the assessed
value of [the taxable] property
within or taxable by the State of Nevada and its political subdivisions.

Sec. 3. NRS 360.245 is
hereby amended to read as follows:

360.245 1. All decisions of
the executive director or other officer of the department made pursuant to
subsection 2 of NRS 360.130 are final unless appealed to the tax commission as
provided by law. Any natural person, partnership, corporation, association or
other business or legal entity may so appeal by filing a notice of appeal with
the department within [20]30 days after service of the decision upon that person
or business or legal entity.

2. Service of the decision must be made
personally or by certified mail. If service is made by certified mail:

(a) The decision must be enclosed in an envelope
which is addressed to the taxpayer at his address as it appears in the records
of the department.

(b) It is deemed to be complete at the time the
appropriately addressed envelope containing the decision is deposited with the
United States Postal Service.

3. The Nevada tax commission, as head of
the department, may review all other decisions made by the executive director
and may reverse, affirm or modify them.

Sec. 4. NRS 360.300 is
hereby amended to read as follows:

360.300 1. If a person fails
to file a return or the department is not satisfied with the return or returns
of any tax, contribution or premium or amount of tax, contribution or premium
required to be paid to the state by any person, in accordance with the
applicable provisions of NRS 482.313, this chapter or chapter 362, 364A, 365,
369, 370, 372, 372A, 373, 374, 377, 377A, 444A, 585, 590 or 680B of NRS as
administered or audited by the department, it may compute and determine the
amount required to be paid upon the basis of:

(a) The facts contained in the return;

(b) Any information within its possession or
that may come into its possession; or

(c) Reasonable estimates of the amount.

2. One or more deficiency determinations
may be made [of]with respect to the amount due for one or for more than
one period.

3. In making its
determination of the amount required to be paid, the department shall impose
interest on the amount of tax determined to be due, calculated at the rate and
in the manner set forth in NRS 360.417, unless a different rate of interest is
specifically provided by statute.

4.The department shall impose a penalty of 10 percent in
addition to the amount of a determination that is made in the case of a
persons failure to file a return with the department.

5. When a
business is discontinued, a determination may be made at any time thereafter
within the time prescribed in NRS 360.355 as to liability arising out of that
business, irrespective of whether the determination is issued before the due
date of the liability.

Sec. 5. NRS 360.417 is
hereby amended to read as follows:

360.417 Unless a different penalty or
rate of interest is specifically provided [,]by statute, any person who fails to pay any
tax provided for in chapter 362, 364A, 365, 369, 370, 372, 373 ,[or] 374 , 377, 377A, 444A or 585 of NRS, or fee provided for in
NRS 482.313 or 590.700 to 590.920, inclusive, to the state or a county within
the time required, shall pay a penalty of not more than 10 percent of the
amount of the tax or fee which is owed, as determined by the department, in
addition to the tax or fee, plus interest at the rate of 1.5 percent per month,
or fraction of a month, from the last day of the month following the period for
which the amount or any portion of the amount should have been reported until
the date of payment.

616D.200 1. If the
administrator finds that an employer within the provisions of NRS 616B.633:

(a) Has failed to provide and secure
compensation as required by the terms of chapters 616A to 616D, inclusive, of
NRS; or

(b) Has provided and secured such compensation
but has failed to maintain that compensation,

he shall make a determination thereon based on any
information that is within his possession or that may come within his
possession and may charge the employer an amount of not more than three times
the premiums that would otherwise have been owed to the system if he had been
insured by the system pursuant to the terms of chapters 616A to 616D,
inclusive, of NRS for the period that the employer was doing business in this
state without providing, securing or maintaining that compensation, but not to
exceed 6 years. Any money collected by the administrator pursuant to this
subsection must be deposited into the uninsured employers claim fund.

2. If the manager is not satisfied with
the amount of a premium required to be paid to the system by any person, he may
compute and determine the amount required to be paid on the basis of any
information within his possession or which may come into his possession. One or
more determinations of a deficiency may be made of the amount due for one or
more periods.

3. Except for a determination made
pursuant to subsection 1, a notice of a determination of a deficiency issued by
the manager must be served personally or mailed within 3 years after the last
day of the calendar month following the period for which the amount that is
proposed to be determined is due. An employer who is aggrieved by a
determination made pursuant to this section , or pursuant to NRS 360.300 with
respect to industrial insurance, may appeal from the determination
pursuant to subsection 2 of NRS 616D.220.

4. Any employer within the provisions of
NRS 616B.633 who fails to provide, secure or maintain compensation as required
by the terms of chapters 616A to 616D, inclusive, of NRS, is:

(a) For the first offense, guilty of a gross
misdemeanor.

(b) For a second or subsequent offense committed
within 7 years after the previous offense, guilty of a category D felony and
shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the
amount charged pursuant to subsection 1.

Sec. 7. 1. This
section and sections 1, 2 and 3 of this act become effective on July 1, 1997.

2. Sections 4 and 5 of this act become
effective at 12:01 a.m. on July 1, 1997.

3. Section 6 of this act becomes
effective at 12:01 a.m. on July 1, 1999.

________

κ1997
Statutes of Nevada, Page 1417κ

CHAPTER 407, AB 286

Assembly Bill No.
286Committee on Commerce

CHAPTER 407

AN ACT relating to homeopathic medicine;
making various changes to provisions governing homeopathic medicine; and
providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 630A of NRS
is hereby amended by adding thereto a new section to read as follows:

The board shall:

1. Regulate the
practice of homeopathic medicine in this state and any activities that are within
the scope of such practice, to protect the public health and safety and the
general welfare of the people of this state.

2. Determine the
qualifications of, and examine, applicants for licensure or certification
pursuant to this chapter, and specify by regulation the methods to be used to
check the background of such applicants.

3. License or
certify those applicants it finds to be qualified.

4. Investigate,
hear and decide all complaints made against any homeopathic physician, advanced
practitioner of homeopathy, homeopathic assistant or any agent or employee of
any of them, or any facility where the primary practice is homeopathic
medicine. If a complaint concerns a practice which is within the jurisdiction
of another licensing board, including, without limitation, spinal manipulation,
surgery, nursing or allopathic medicine, the board shall refer the complaint to
the other licensing board.

Sec. 2. NRS 630A.040 is
hereby amended to read as follows:

630A.040 Homeopathic medicine or
homeopathy means a system of medicine employing substances of animal,
vegetable, chemical or mineral origin, including[nosodes]:

1. Nosodes
and sarcodes, which are:

[1.](a) Given in micro-dosage, except that sarcodes
may be given in macro-dosage;

[2.] (b) Prepared according to homeopathic
pharmacology by which the formulation of homeopathic preparations is
accomplished by the methods of Hahnemannian dilution and succussion [,]or
magnetically energized geometric patterns [,]
applicable in potencies above 30X , as defined in
the official Homeopathic Pharmacopoeia of the United States [, or Korsakoffian; and

3.] ; and

(c) Prescribed by
homeopathic physicians or advanced practitioners of homeopathy according to the
medicines and dosages in the Homeopathic Pharmacopoeia of the United States,

in accordance with the principle that a substance which
produces symptoms in a healthy person can eliminate those symptoms in an ill
person .[, resulting in the elimination and prevention of illness
utilizing classical methodology and noninvasive electrodiagnosis.]

(b) A medical officer of the armed services or a
medical officer of any division or department of the United States in the
discharge of his official duties.

(c) Licensed or certified
nurses in the discharge of their duties as nurses.

(d) Homeopathic physicians who are called into
this state, other than on a regular basis, for consultation or assistance to
any physician licensed in this state, and who are legally qualified to practice
in the state or country where they reside.

2. This chapter does not repeal or affect
any statute of Nevada regulating or affecting any other healing art.

3. This chapter does not prohibit:

(a) Gratuitous services of a person in case of
emergency.

(b) The domestic administration of family
remedies.

4. This chapter does not authorize a
homeopathic physician to practice medicine, including allopathic medicine,
except as otherwise provided in NRS 630A.040.

________

CHAPTER 408, AB 312

Assembly Bill No.
312Committee on Judiciary

CHAPTER 408

AN ACT relating to legal documents;
revising provisions that authorize the use of an affidavit to specifically
authorize the use of a declaration in lieu of an affidavit; and providing other
matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 50.310 is
hereby amended to read as follows:

50.310 1. The affidavit or declaration of a laboratory director who has
qualified in the district court of any county as an expert witness to testify
regarding the results of a test of a medical laboratory, is admissible in
evidence in any civil, criminal or administrative proceeding to prove:

(a) That the affiant or
declarant is a laboratory director.

(b) The results of a test that the medical laboratory
is licensed to conduct and which is conducted by the medical laboratory of
which the affiant or declarant is the laboratory
director.

The affidavit or declaration
must contain the evidentiary foundation upon which the results of the test are
based, including the description of the test, the personnel involved and the
controls employed in conducting the test.

2. As used in this section:

(a) Laboratory director has the meaning
ascribed to it in NRS 652.050.

(b) Medical laboratory has the meaning
ascribed to it in NRS 652.060.

Sec. 2. NRS 50.315 is hereby
amended to read as follows:

50.315 1. Except as
otherwise provided in subsections 6 and 7, [a
persons]the affidavit or declaration of a person is admissible in evidence in
any criminal or administrative proceeding to prove:

(a) That [he]the affiant or declarant has been certified
by the director of the department of motor vehicles and public safety as being
competent to operate devices of a type certified by the committee on testing
for intoxication as accurate and reliable for testing a persons breath to
determine the amount by weight of alcohol in his breath;

(b) The identity of a person from whom the
affiant or declarant obtained a sample of breath;
and

(c) That the affiant or
declarant tested the sample using a device of a type so certified and
that the device was functioning properly.

2. Except as otherwise provided in
subsections 6 and 7, the affidavit or declaration
of a person who prepared a chemical solution or gas that has been used in
calibrating a device for testing anothers breath to determine the amount of
alcohol in his breath is admissible in evidence in any criminal or
administrative proceeding to prove:

(a) The [affiants
occupation;]occupation of the affiant or
declarant; and

3. Except as otherwise provided in
subsections 6 and 7, the affidavit or declaration
of a person who calibrates a device for testing anothers breath to determine
the amount of alcohol in his breath is admissible in evidence in any criminal
or administrative proceeding to prove:

(a) The [affiants
occupation;]occupation of the
affiant or declarant;

(b) That on a specified date [he]the
affiant or declarant calibrated the device at a named law enforcement
agency by using the procedures and equipment prescribed in the regulations of
the committee on testing for intoxication;

(c) That the calibration was performed within
the period required by the committees regulations; and

(d) Upon completing the calibration of the
device, it was operating properly.

4. Except as otherwise provided in
subsections 6 and 7, the affidavit or declaration made under the penalty of
perjury of a person who withdraws a sample of blood from another for analysis
by an expert as set forth in NRS 50.320 is admissible in any criminal or
administrative proceeding to prove:

(a) The occupation of the affiant or declarant;

(b) The identity of the person from whom the
affiant or declarant withdrew the sample;

(c) The fact that the affiant or declarant kept
the sample in his sole custody or control and in substantially the same
condition as when he first obtained it until delivering it to another; and

(d) The identity of the person to whom the
affiant or declarant delivered it.

5. Except as otherwise provided in
subsections 6 and 7, the affidavit or declaration
of a person who receives from another a sample of blood or urine or other
tangible evidence that is alleged to contain alcohol or a controlled substance,
chemical, poison or organic solvent may be admitted in any criminal , civil or administrative proceeding to prove:

(a) The occupation of the affiant [;]or declarant;

(b) The fact that the affiant or declarant received a sample or other evidence from
another person and kept it in his sole custody or control in substantially the
same condition as when he first received it until delivering it to another; and

(c) The identity of the person to whom the
affiant or declarant delivered it.

6. If, at or before the time of the
trial, the defendant establishes that:

(a) There is a substantial and bona fide dispute
regarding the facts in the affidavit or declaration; and

(b) It is in the best interests of justice that
the witness who signed the affidavit or declaration be cross-examined,

the court may order the prosecution to produce the witness
and may continue the trial for any time the court deems reasonably necessary to
receive such testimony. The time within which a trial is required is extended
by the time of the continuance.

7. During any trial in which the
defendant has been accused of committing a felony, the defendant may object in
writing to admitting into evidence an affidavit or declaration described in
this section. If the defendant makes such an objection, the court shall not
admit the affidavit or declaration into evidence and the prosecution may cause
the person to testify in court to any information contained in the affidavit or
declaration.

8. The committee on testing for
intoxication shall adopt regulations prescribing the form of the affidavits and
declarations described in this section.

Sec. 3. NRS 50.320 is hereby
amended to read as follows:

50.320 1. The affidavit or declaration of a chemist and any other person who
has qualified in the district court of any county to testify as an expert
witness regarding the presence in the breath, blood or urine of a person of
alcohol, a controlled substance, or a chemical, poison or organic solvent, or
the identity or quantity of a controlled substance alleged to have been in the
possession of a person, which is submitted to prove:

(a) The quantity of the purported controlled
substance; or

(b) The amount of alcohol or the presence or
absence of a controlled substance, chemical, poison or organic solvent, as the
case may be,

is admissible in the manner provided in this section.

2. An affidavit or
declaration which is submitted to prove any fact set forth in subsection
1 must be admitted into evidence when submitted during any administrative
proceeding, preliminary hearing or hearing before a grand
jury.

grand jury. The court shall not sustain any objection to the
admission of such an affidavit [.]or declaration.

3. The defendant may object in writing to
admitting into evidence an affidavit or declaration
submitted to prove any fact set forth in subsection 1 during his trial. If the
defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may
cause the person to testify in court to any information contained in the
affidavit [.]or declaration.

Sec. 4. NRS 616C.230 is
hereby amended to read as follows:

616C.230 1. Compensation
is not payable pursuant to the provisions of chapters 616A to 616D, inclusive,
of NRS for an injury:

(a) Caused by the employees willful intention
to injure himself.

(b) Caused by the employees willful intention
to injure another.

(c) Proximately caused by the employees
intoxication. If the employee was intoxicated at the time of his injury,
intoxication must be presumed to be a proximate cause unless rebutted by
evidence to the contrary.

(d) Proximately caused by the employees use of
a controlled substance. If the employee had any amount of a controlled
substance in his system at the time of his injury for which the employee did
not have a current and lawful prescription issued in his name, the controlled
substance must be presumed to be a proximate cause unless rebutted by evidence
to the contrary.

For the purposes of paragraphs (c) and (d), the affidavit or declaration of an expert or other person described
in NRS 50.315 is admissible to prove the existence of any alcohol or the
existence, quantity or identity of a controlled substance in an employees
system. If the affidavit or declaration is to be
so used, it must be submitted in the manner prescribed in NRS 616C.355.

2. No compensation is payable for the
death, disability or treatment of an employee if his death is caused by, or
insofar as his disability is aggravated, caused or continued by, an
unreasonable refusal or neglect to submit to or to follow any competent and
reasonable surgical treatment or medical aid.

3. If any employee persists in an
unsanitary or injurious practice that imperils or retards his recovery, or
refuses to submit to such medical or surgical treatment as is necessary to
promote his recovery, his compensation may be reduced or suspended.

4. An injured employees compensation,
other than accident benefits, must be suspended if:

(a) A physician or chiropractor determines that
the employee is unable to undergo treatment, testing or examination for the
industrial injury solely because of a condition or injury that did not arise
out of and in the course of his employment; and

(b) It is within the ability of the employee to
correct the nonindustrial condition or injury.

The compensation must be suspended until the injured
employee is able to resume treatment, testing or examination for the industrial
injury. The insurer may elect to pay for the treatment of the nonindustrial
condition or injury.

616C.355At any time 10 or
more days before a scheduled hearing before an appeals officer, the
administrator, the manager or the managers designee, a party shall mail or
deliver to the opposing party any affidavit or
declaration which he proposes to introduce into evidence and notice to
the effect that unless the opposing party, within 7 days after the mailing or
delivery of such affidavit [,]or declaration, mails or delivers to the proponent a
request to cross-examine the affiant [,]or declarant, his right to cross-examine the
affiant or declarant is waived and the affidavit [,]or
declaration, if introduced into evidence, will have the same effect as
if the affiant or declarant had given sworn
testimony before the appeals officer, the administrator, the manager or the
managers designee.

Sec. 6. This act becomes
effective upon passage and approval.

________

CHAPTER 409, AB 633

Assembly Bill No.
633Committee on Transportation

CHAPTER 409

AN ACT relating to liens; revising
provisions governing liens on abandoned vehicles; making various changes concerning
the priority of certain liens; and providing other matters properly relating
thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 487.270 is
hereby amended to read as follows:

487.270 1. Whenever a
vehicle has been removed to a garage or other place as provided by NRS 487.230,
the owner of the garage or the automobile wrecker who towed the vehicle has a
lien on the vehicle for the costs of towing and storing for a period not
exceeding 90 days.

2. If the vehicle is appraised at a value
of $500 or less and is not reclaimed within the period prescribed in NRS
487.250, the owner of the garage or automobile wrecker may satisfy his lien by
retaining the vehicle and obtaining a certificate of ownership thereto or a
certificate of dismantling as provided in NRS 487.250.

3. If the vehicle is appraised at a value
of more than $500 and is not reclaimed within [90]45 days, the owner of the garage or automobile
wrecker may satisfy his lien, in accordance with the provisions of NRS 108.265
to 108.360, inclusive.

Sec. 2. NRS 108.290 is
hereby amended to read as follows:

108.290 1. If property that
is the subject of a lien which is acquired as provided in NRS 108.270 to
108.360, inclusive, is the subject of a secured transaction [,]in
accordance with the laws of this state, the lien:

(a) In the case of a lien acquired pursuant to
NRS 108.315, is a first lien; and

2. The lien of a landlord may not exceed
$2,000 or the total amount due and unpaid for rentals and utilities, whichever
is the lesser.

Sec. 3. The amendatory
provisions of this act do not apply to a lien that attaches before October 1,
1997.

________

CHAPTER 410, AB 609

Assembly Bill No.
609Committee on Labor and Management

CHAPTER 410

AN ACT relating to industrial insurance;
providing for the electronic transmission of documents related to claims;
clarifying the authority of insurers to purchase annuities for the payment of
claims; authorizing the manager of the state industrial insurance system to
establish a plan for designating small employers for the purposes of
establishing their premiums; revising the provisions governing the financial
administration of the system; repealing the provisions authorizing the
imposition of a surcharge to ensure the solvency of the system; restricting,
for a limited period, the manner in which private carriers may determine
premiums for insured employers; and providing other matters properly relating
thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 616A of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in chapters 616A to 617, inclusive, of NRS, a form, notice,
claim, bill or other document required to be filed, mailed or delivered
pursuant to the provisions of those chapters, or any regulations adopted
pursuant thereto, may, in the alternative, be filed or delivered by electronic
transmission.

2. For the
purposes of the provisions of chapters 616A to 617, inclusive, of NRS, and any
regulations adopted pursuant thereto, a signature on a form, notice, claim,
bill or other document that is filed or delivered by electronic transmission
has the same legal effect as the original signature.

3. The
administrator may adopt such regulations as are necessary to provide for the
filing or delivery of such documents by electronic transmission.

Sec. 2. (Deleted by
amendment.)

Sec. 3. NRS 616A.470 is
hereby amended to read as follows:

616A.4701. Except as
otherwise provided in subsection 2, each self-insured employer, association of
self-insured public or private employers and private carrier shall compensate
the system, the office of the Nevada attorney for injured workers or the
hearings division of the department of administration, as appropriate, for all
services which the system, the occupational safety and health review board, the
Nevada attorney for injured workers, the mediators and the appeals officers
provide to those employers .[if the rate is established by a regulation of the
system.] The cost of any service [for
which a rate is not established by regulation] must be negotiated
by the employer, association or private carrier and the system, the Nevada attorney for injured workers or the division, as
appropriate, before the employer, association or private carrier is charged for
the service.

the Nevada attorney for injured workers or the division, as
appropriate, before the employer, association or private carrier is charged for
the service.

2. All compensation must be on the basis
of actual cost and not on a basis which includes any subsidy for the system,
the office of the Nevada attorney for injured workers, the division or other
employers.

Sec. 4. Chapter 616B of NRS
is hereby amended by adding thereto the provisions set forth as sections 5 to
10, inclusive, of this act.

Sec. 5. 1. Except as otherwise provided in this section
and in NRS 616B.006, 616B.012 and 616B.021, the following records of the system
are confidential:

(a) Files of individual
claimants and policyholders of the system.

(b) Any reports that
contain information that would identify individual claimants and policyholders
of the system.

(c) Any proprietary
information of the system.

2. The system may
disclose such confidential information:

(a) To the governor and
any member of his staff authorized to receive such information;

(b) To a member of the
legislature and any member of his staff authorized to receive such information;

(c) The administrative director
of an executive agency who is otherwise authorized to receive such information
pursuant to specific statute or administrative regulation; and

(d) Pursuant to a lawful
order issued by a court of competent jurisdiction.

3. A person who
obtains such confidential information pursuant to subsection 2 shall not
disclose:

(a) The identity of an
individual claimant or policyholder of the system; or

(b) Any proprietary
information of the system,

except pursuantto a lawful order of a court of competent jurisdiction.

4. As used in this
section, proprietary information means any information which, if disclosed to
the general public, may result in a competitive disadvantage to the system,
including, without limitation:

(a) Rules, criteria and
standards for underwriting policies that are applied by the system.

(b) Plans or other
documents concerning the marketing or strategic planning of the system.

(c) Data, studies and
reports concerning the development of new products or services.

(d) Data that identify
the share of the market of the system within each class of risk.

(e) Any worksheets
relating to the financial condition of the system, except a financial statement
resulting from an audit of the system conducted pursuant to NRS 616B.056 and a
final report of an audit conducted by the legislative auditor.

(f) The annual actuarial
valuation and report of the soundness of the system prepared pursuant to NRS
616B.056.

Sec. 6. In addition to the authority given the manager to determine
and fix premium rates pursuant to NRS 616B.206 and 616B.218 to 616B.230,
inclusive, the manager may establish a plan for designating employers insured
by the system as small employers pursuant to chapters 616A to 616D, inclusive,
or chapter 617 of NRS. Upon establishing such a plan, the manager may, with the
approval of the commissioner, determine and fix the premium rates of those employers
pursuant to the plan.

Sec. 7. The manager may establish a plan to review small employers who
are insured by the system to encourage such employers to maintain their loss
experience at the lowest level possible.

Sec. 8. 1. An insurer may purchase an annuity to ensure
the payment of a claim filed with the insurer pursuant to chapters 616A to
616D, inclusive, or chapter 617 of NRS.

2. The
commissioner shall adopt such regulations as are necessary to carry out the
provisions of this section.

Sec. 9. 1. The account for the administration of extended
claims is hereby created in the state insurance fund. The account must be
administered by the system and kept as a separate account of the state
insurance fund on the records of the system.

2. The assets of
the system allocated to the account pursuant to NRS 616B.083 and 680B.060 must
be credited to the account.

3. The assets
credited to the account must be used solely to satisfy the obligations and
liabilities of the state insurance fund for claims for workers compensation
that are related to injuries that were incurred before July 1, 1995.

4. Any assessment
required to be paid by insurers to fund the account or to pay for the
administration of the account must be approved by the legislature.

Sec. 10. 1. The account for the administration of current
claims is hereby created in the state insurance fund. The account must be
administered by the system and kept as a separate account of the state
insurance fund on the records of the system.

2.All assets of the system not otherwise allocated to the
account for the administration of extended claims created pursuant to section 9
of this act must be credited to the account for the administration of current
claims.

3. The money and
assets credited to the account must be used solely to satisfy the obligations
and liabilities of the state insurance fund for claims for workers
compensation that are related to injuries that are incurred on or after July 1,
1995.

Sec. 11. NRS 616B.012 is
hereby amended to read as follows:

616B.012 1. Except as
otherwise provided in this section and in NRS 616B.015, 616B.021 and 616C.205,
information obtained from any insurer, employer or employee is confidential and
may not be disclosed or be open to public inspection in any manner which would
reveal the persons identity.

2. Any claimant or his legal
representative is entitled to information from the records of the insurer, to
the extent necessary for the proper presentation of a
claim in any proceeding under chapters 616A to 616D, inclusive, of NRS.

presentation of a claim in any proceeding under chapters
616A to 616D, inclusive, of NRS.

3. The division and administrator are
entitled to information from the records of the insurer which is necessary for
the performance of their duties. The [manager]administrator may, by regulation, prescribe the
manner in which otherwise confidential information may be made available to:

(a) Any agency of this or any other state
charged with the administration or enforcement of [workers
compensation law,]laws relating to
industrial insurance, unemployment compensation ,[law,] public assistance [law] or labor law [;]and industrial
relations;

(b) Any state or local agency for the
enforcement of child support;

(c) The Internal Revenue Service of the
Department of the Treasury;

(d) The department of taxation; and

(e) The state contractors board in the
performance of its duties to enforce the provisions of chapter 624 of NRS.

Information obtained in connection with the administration
of a [workers compensation]
program of industrial insurance may be made
available to persons or agencies for purposes appropriate to the operation of a
[workers compensation program.]program of industrial insurance.

4. Upon written request made by a public
officer of a local government, [the manager]an insurer shall furnish from [the records of the insurer,]its records, the name, address and place of employment
of any person listed in [the records of the
insurer.]its records. The request
must set forth the social security number of the person about whom the request
is made and contain a statement signed by proper authority of the local
government certifying that the request is made to allow the proper authority to
enforce a law to recover a debt or obligation owed to the local government. The
information obtained by the local government is confidential and may not be
used or disclosed for any purpose other than the collection of a debt or
obligation owed to that local government. The [manager]insurer may charge a reasonable fee for the cost
of providing the requested information.

5. To further a current criminal
investigation, the chief executive officer of any law enforcement agency of
this state may submit to the administrator a
written request [to the manager that he furnish
from the records of the insurer,]for
the name, address and place of employment of any person listed in the records
of [the]an
insurer. The request must set forth the social security number of the person
about whom the request is made and contain a statement signed by the chief
executive officer certifying that the request is made to further a criminal
investigation currently being conducted by the agency. Upon receipt of a
request, the [manager shall]administrator shall instruct the insurer to furnish the
information requested. [He]Upon receipt of such an instruction, the insurer shall furnish
the information requested. The insurer may charge a reasonable fee to
cover any related administrative expenses.

6. The [manager]administrator shall provide lists containing the
names and addresses of employers, the number of employees employed by each
employer and the total wages paid by each employer to the department of
taxation, upon request, for its use in verifying returns for the business tax.

The [manager]administrator may charge a reasonable fee to cover any
related administrative expenses.

7. [If the
manager or any employee of the manager,]Any
person who, in violation of this section, discloses information obtained
from files of claimants or policyholders, or [if
any person who has obtained]obtains
a list of claimants or policyholders under chapters 616A to 616D, inclusive, of
NRS and uses or permits the use of the list for
any political purposes, [he] is
guilty of a gross misdemeanor.

8. All letters, reports or communications
of any kind, oral or written, from the insurer, or any of its agents,
representatives or employees are privileged and must not be the subject matter
or basis for any lawsuit if the letter, report or communication is written,
sent, delivered or prepared pursuant to the requirements of chapters 616A to
616D, inclusive, of NRS.

Sec. 12. NRS 616B.033 is
hereby amended to read as follows:

616B.033 1. Every policy of
insurance issued pursuant to chapters 616A to 617, inclusive, of NRS must
contain a provision for the requirements of subsection 5 and a provision that
insolvency or bankruptcy of the employer or his estate, or discharge therein,
or any default of the employer does not relieve the insurer from liability for
compensation resulting from an injury otherwise covered under the policy issued
by the insurer.

2. No statement in an employers
application for a policy of industrial insurance voids the policy as between
the insurer and employer unless the statement is false and would have
materially affected the acceptance of the risk if known by the insurer, but in
no case does the invalidation of a policy as between the insurer and employer
affect the insurers obligation to provide compensation to claimants arising
before the cancellation of the policy. If the insurer is required pursuant to
this subsection to provide compensation under an invalid policy, the insurer is
subrogated to the claimants rights against the employer.

3. If an insurer or employer intends to
cancel or renew a policy of insurance issued by the insurer pursuant to
chapters 616A to 617, inclusive, of NRS, the insurer or employer must give
notice to that effect in writing to the administrator and to the other party
fixing the date on which it is proposed that the cancellation or renewal
becomes effective. The notices must comply with the provisions of NRS 687B.310
to 687B.355, inclusive, and must be served personally on or sent by first-class
mail or electronic transmission to the
administrator and the other party. If the employer has secured insurance with
another insurer which would cause double coverage, the cancellation must be
made effective as of the effective date of the other insurance.

4. As between any claimant and the
insurer, no defense based on any act or omission of the insured employer, if
different from the insurer, may be raised by the insurer.

5. For the purposes of chapters 616A to
617, inclusive, of NRS, as between the employee and the insurer:

(a) Except as otherwise provided in NRS
616C.065, notice or knowledge of the injury to or by the employer is notice or
knowledge to or by the insurer;

(b) Jurisdiction over the employer is
jurisdiction over the insurer; and

(c) The insurer is bound by and subject to any
judgments, findings of fact, conclusions of law, awards, decrees, orders or
decisions rendered against the employer in the same manner and to the same
extent as the employer.

Sec. 13. NRS 616B.050 is
hereby amended to read as follows:

616B.0501. The state
industrial insurance system is hereby established as an independent actuarially
funded system to insure employers against liability for injuries and
occupational diseases for which their employees may be entitled to receive
compensation pursuant to chapters 616A to 616D, inclusive, of NRS or chapter
617 of NRS, and the federal Longshoremens and Harbor Workers Compensation
Act. The system may create one or more entities to carry
out the business of the system, which may be operated under any legal name in
addition to the state industrial insurance system on behalf of the system.

2. The system is a public agency which
administers and is supported by the state insurance fund. The executive and
legislative departments of the state government shall regularly review the
system.

3. The system is entitled but not
required to use any services provided to state agencies. Except as otherwise
provided for specified positions, its employees are in the classified service
of the state.

[4. The
official correspondence and records, including financial records, other than
the files of individual claimants and policyholders, and the minutes and books
of the system are public records and must be available for public inspection.]

Sec. 14. NRS 616B.056 is
hereby amended to read as follows:

616B.056 The manager shall:

1. Approve annual and biennial budgets of
the system.

2. Approve investment policies of the
system.

3. Approve the appointment of investment
counselors and custodians of investments.

4. Approve the designation of banks as
collection depositories.

5. Approve the appointment of an
independent actuary and arrange for an annual actuarial valuation and report of
the soundness of the system and the state insurance fund
as prepared by the independent actuary.

6. Appoint an independent certified
accountant who shall provide an annual audit of the [system]state insurance fund and report to the manager.

7. Before each legislative session,
report to the legislature on the operation of the system and any recommendation
for legislation which he deems appropriate.

Sec. 15. NRS 616B.065 is
hereby amended to read as follows:

616B.065 1. The manager
shall select assistant managers [whose
appointments are effective upon confirmation by the governor.]who are in the unclassified service of the state and are
entitled to receive annual salaries fixed by the manager.

2. The assistant managers shall serve at
the pleasure of the manager.

3. The assistant managers must be
graduates of a 4-year college or university with a degree in business
administration or public administration or an equivalent degree.

616B.068 The manager [and assistant managers are]is in the unclassified service of the state but [are]is
entitled to receive an annual [salaries]salary
fixed by the governor.

Sec. 16. NRS 616B.083 is
hereby amended to read as follows:

616B.083 1. The
money and assets held in trust by the system include:

[1.](a) All premiums and other money paid to the
system;

[2.](b) All property and securities acquired through
the use of money in the state insurance fund; and

[3.](c) All interest and dividends earned upon money
in the state insurance fund and deposited or invested as provided in chapters
616A to 616D, inclusive, of NRS.

2. The system
shall:

(a) Report to the
commissioner only its financial statement and results of operations for the
account for current claims in accordance with those accounting principles that
are prescribed by the commissioner and applied to other insurers providing
coverage for workers compensation.

(b) Discount its reserve
for losses for accounting periods beginning on or after July 1, 1995, at a rate
determined by the manager, but not to exceed 4 percent.

(c) Allocate to the
account for the administration of extended claims created pursuant to section 9
of this act $650,000,000 in invested assets.

Sec. 17. NRS 616B.170 is
hereby amended to read as follows:

616B.170The system may:

1. Use its assets to pay medical
expenses, rehabilitation expenses, compensation due claimants of insured
employers, and to pay salaries, administrative and other expenses.

2. Rent, lease, buy or sell property in
the name of the State of Nevada, and construct and repair buildings as
necessary to provide facilities for its operations.

3. Sue and be sued in its own name.

4. Enter into contracts relating to the
administration of the system.

5. Contract with physicians,
chiropractors, hospitals, and facilities for rehabilitation for medical,
surgical, and rehabilitative evaluation, treatment, care and nursing of injured
persons entitled to benefits from the system.

6. Contract for the services of experts
and other specialists as required by the system.

7. Provide for safety inspections and
furnish advisory services to policyholders on measures to promote safety and
health.

8. Act in collecting and disbursing money
necessary to administer and conduct the business of the system.

9. [Adopt
regulations relating to the conduct of]Take
such actions as are necessary to conduct the business of the system.

10. Hire personnel to accomplish its
purposes and operations.

11. Perform all the functions which are
necessary or appropriate to carry out the administration of chapters 616A to
617, inclusive, of NRS.

Sec. 18. NRS 616B.188 is
hereby amended to read as follows:

616B.188 1. [The system and the rehabilitation division of the
department of employment, training and rehabilitation shall annually enter into an agreement which provides for procedures, services,
rates, standards for referrals and requirements for reports to ensure
cooperation in the providing of services by each agency to persons served by
the other when those services are available.

into an agreement which provides for
procedures, services, rates, standards for referrals and requirements for
reports to ensure cooperation in the providing of services by each agency to
persons served by the other when those services are available.

2.] The
system may enter into agreements with:

(a) Other public agencies and with private
entities to provide assistance to employees who have suffered industrial
injuries or occupational diseases; and

(b) Medical facilities or facilities for the
dependent to provide services for rehabilitation to patients of such facilities
in facilities operated by the system.

[3.]2. Except as otherwise
provided in this subsection, the system may admit to any of its facilities any
person:

(a) Who may benefit from its services;

(b) Who has been referred by a physician or
chiropractor to receive services for rehabilitation; and

(c) Whose admission is approved by the medical
director of the facility.

A person who is not a claimant must not be admitted to a
facility if he is terminally ill or referred solely for treatment of abuse of
alcohol or drugs.

[4.]3. In providing services under an
agreement entered into pursuant to this section, the system shall give priority
to employees who have suffered industrial injuries or occupational diseases. In
accepting other persons to provide services for rehabilitation, the system may
restrict admissions to those persons who are suffering from injuries similar to
industrial injuries.

[5.]4. Charges for patients who are not
claimants of benefits for industrial injuries or occupational diseases must be
the same as the charges made for claimants, except that the system may add a
reasonable charge for administration of each case.

Sec. 19. (Deleted by
amendment.)

Sec. 20. NRS 616B.203 is
hereby amended to read as follows:

616B.203 1. The [manager]administrator
shall make available a program, using a videotape cassette or other means of
presentation, concerning the rights and responsibilities of employers and
employees pursuant to chapters 616A to 617, inclusive, of NRS. The [manager]administrator
shall provide written notification concerning the availability of the program
to each chamber of commerce in Nevada and to each statewide association for a
business or industry. The program must be available to community organizations,
businesses, employers and employees upon request.

2. The [manager]administrator shall provide each:

(a) Employer who attends a program, a
certificate which certifies that he has completed the program described in
subsection 1. The employer shall post the certificate in his business in a
place that is readily accessible and visible to his employees.

(b) Employee who attends a program, a card which
certifies that he has completed the program described in subsection 1.

(a) A principal contractor or an owner of property
acting as a principal contractor aggrieved by a letter issued pursuant to NRS
616B.645; or

(b) [An employer
aggrieved by a written decision of an employee of the insurer on a matter
relating to the employers account; or

(c)] An employer
aggrieved by a determination made pursuant to NRS 616C.585,

may appeal from the letter [,
decision] or determination by filing a notice of appeal with the
administrator within 30 days after the date of the letter [, decision] or determination.

2. An employer shall not seek to remove
costs that have been charged to his account by appealing to the administrator
any issue that relates to a claim for compensation if the issue was raised or
could have been raised [,] before a
hearing officer or an appeals officer pursuant to NRS 616C.315 or 616C.345.

3. The decision of the administrator is
the final and binding administrative determination of an appeal filed pursuant
to this section, and the whole record consists of all evidence taken at the
hearing before the administrator and any findings [of
fact and conclusions of law] based thereon.

[4. As used
in this section, matters relating to an employers account:

(a) Include, but are not
limited to, an audit of the employers account and a determination of the
appropriate classification of risk for an employers business.

(b) Do not include a
revision of premium rates or classifications of employment.]

Sec. 22. NRS 616B.224 is
hereby amended to read as follows:

616B.224 1. Every employer [insured by the system]who is not a self-insured employer or a member of an
association of self-insured public or private employers shall, at
intervals established by [the manager,]his insurer, furnish the [system]insurer with a true and accurate payroll showing:

(a) The total amount paid to employees for
services performed;

(b) The amount of tips reported to him by every
employee pursuant to 26 U.S.C. § 6053(a) [,]
whose tips in cash totaled $20 or more; and

(c) A segregation of employment in accordance
with the requirements of the [system,]commissioner,

together with the premium due thereon. The payroll and
premium must be furnished to the [system]insurer on or before the date established by the [manager]insurer
for the receipt of the payroll and premium.

2. Any employer by agreement in writing
with the [manager]insurer may arrange for the payment of premiums in
advance at an interval established by the [manager.]insurer.

3. Failure of any employer to comply with
the provisions of this section and NRS 616B.218 operates as a rejection of
chapters 616A to 616D, inclusive, of NRS, effective at the expiration of the
period covered by his estimate. The [manager]insurer shall notify the administrator of each
such rejection.

4. If an audit of the accounts or actual
payroll of an employer shows that the actual premium earned exceeds the
estimated premium paid in advance, the [manager]insurer may require the payment of money
sufficient to cover the deficit, together with such amount as in his judgment
constitutes an adequate advance premium for the period covered by the estimate.

5. The [manager]insurer shall notify any employer or his representative
by first-class mail of any failure on his part to comply with the provisions of
this section. The notice or its omission does not modify or waive the
requirements or effective rejection of chapters 616A to 616D, inclusive, of NRS
as otherwise provided in those chapters.

6. The system may impose a penalty not to
exceed 10 percent of the premiums which are due or $15, whichever is greater,
for the failure of an employer insured by the system
to submit the information and premium required in subsection 1 within the time
allowed, unless the employer has applied for and been granted an extension of
that time by the manager.

7. To the extent permitted by federal
law, the [system]insurer shall vigorously pursue the collection of
premiums that are due under the provisions of chapters 616A to 616D, inclusive,
of NRS even if an employers debts have been discharged in a bankruptcy
proceeding.

Sec. 23. NRS 616B.236 is
hereby amended to read as follows:

616B.236 1. Except as
otherwise provided in subsection 2, when any premium of an employer [insured by the system as provided in chapters 616A to
616D, inclusive, of NRS] remains unpaid on the date on which it
becomes due, as prescribed by NRS 616B.224, it bears interest at the rate of 1
percent for each month or portion of a month thereafter until payment of the
premium, plus accrued interest, is received by the [manager.]insurer.

2. The amount of a determination of a
deficiency made pursuant to NRS 616D.200 against an
employer insured by the system bears interest at the rate of 1 percent
for each month or portion of a month from the date on which the determination
becomes final until payment of the amount, plus accrued interest, is received
by the manager.

Secs. 24 and 25. (Deleted by
amendment.)

Sec. 26. NRS 616B.472 is
hereby amended to read as follows:

616B.4721. The
commissioner shall suspend the authorization of a private carrier to provide
industrial insurance for 1 year [,]
if the commissioner finds that the private carrier has intentionally or
repeatedly failed to comply with the provisions of chapters 616A to 616D,
inclusive, or chapter 617 of NRS or the regulations of the division.

2. Before the commissioner suspends the
authorization of a private carrier, he shall arrange an informal meeting with
the private carrier to discuss and seek correction of any conduct which would
be grounds for suspension.

3. Before the suspension of the
authorization, the commissioner shall give written notice to the private
carrier by certified mail or electronic transmission
that its authorization will be suspended within 10 days after it receives the
notice unless, within that time, the private carrier corrects the conduct set forth in the notice as the reason for the
withdrawal or submits a written request for a hearing to the commissioner.

conduct set forth in the notice as the reason for the
withdrawal or submits a written request for a hearing to the commissioner.

4. If the private carrier requests a
hearing:

(a) The commissioner shall set a date for a
hearing within 20 days after receiving the notice of the appeal and shall give
the private carrier at least 10 business days notice of the time and place of
the hearing.

(b) A record of the hearing must be kept but it
need not be transcribed unless requested by the private carrier. The cost of
transcription must be charged to the private carrier.

5. Within 5 days after the hearing, the
commissioner shall affirm or deny his order suspending the authorization of the
private carrier and notify the private carrier by certified mail or electronic transmission of his decision.

6. If the private carrier does not comply
with the order of the commissioner during the period of suspension of the
authorization, the commissioner shall file an order prohibiting the private
carrier from issuing new policies until the order has expired. A copy of the
order must be sent by certified mail or electronic
transmission to the private carrier.

Sec. 27. NRS 616B.540 is
hereby amended to read as follows:

616B.5401. If an
employee of an employer who is insured by the system has a permanent physical
impairment from any cause or origin and incurs a subsequent disability by
injury arising out of and in the course of his employment which entitles him to
compensation for a disability that is substantially greater by reason of the
combined effects of the preexisting impairment and the subsequent injury than
that which would have resulted from the subsequent injury alone, the
compensation due must not be charged to the employers account if:

(a) The employee knowingly made a false
representation as to his physical condition at the time he was hired by the
employer;

(b) The employer relied upon the false
representation and this reliance formed a substantial basis of the employment;
and

(c) A causal connection existed between the
false representation and the subsequent disability.

2. If the subsequent injury of the
employee results in his death and it is determined that the death would not
have occurred except for the preexisting permanent physical impairment, the
compensation due must not be charged to the employers account.

3. To qualify for the removal of a charge
from his account pursuant to this section, the employer must establish by
written records that he had knowledge of the permanent physical impairment at
the time the employee was hired or that the employee was retained in employment
after the employer acquired that knowledge.

4. The employer shall notify the manager
of any possible claim pursuant to this section as soon as practicable, but not
later than 100 weeks after the subsequent injury or death.

5. The manager shall [adopt regulations which]take such actions as are necessary to carry out the
requirements of this section.

6. An appeal of any decision made
concerning a charge or removal of a charge pursuant to this section must be
submitted directly to an appeals officer.

officer. The appeals officer shall hear the appeal within 45
days after the appeal is submitted to him.

7. As used in this section, permanent
physical impairment means any permanent condition, whether congenital or
caused by injury or disease, of such seriousness as to constitute a hindrance
or obstacle to obtaining employment or to obtaining reemployment if the
employee is unemployed. For the purposes of this section, a condition is not a
permanent physical impairment unless it would support a rating of permanent
impairment of 6 percent or more of the whole man if evaluated according to the
American Medical Associations Guides to the Evaluation of Permanent Impairment
as adopted and supplemented pursuant to NRS 616C.110.

Sec. 28. NRS 616B.630 is
hereby amended to read as follows:

616B.630 1. An insurer of a
contractor shall notify the state contractors board within 10 days after the
contractors coverage has lapsed. [Upon receipt
of such notification, the administrator shall notify the state contractors
board of the lapse in coverage.]

2. The commissioner shall notify the administrator and the state contractors board within
10 days after a contractors certificate of qualification as a self-insured
employer is canceled or withdrawn or he is no longer a member of an association
of self-insured public or private employers.

Secs. 29-34. (Deleted by
amendment.)

Sec. 35. NRS 616C.005 is
hereby amended to read as follows:

616C.005 On or before September 1 of each
year [, the]:

1. The
system shall distribute to each employer that it insures [and shall make available to physicians and chiropractors,]
any form for reporting injuries that has been revised within the previous 12
months.

2. The
administrator shall make available to physicians and chiropractors any form for
reporting injuries that has been revised within the previous 12 months.

Sec. 36. NRS 616C.005 is
hereby amended to read as follows:

616C.005 On or before September 1 of each
year:

1. [The
system]An insurer shall distribute
to each employer that it insures any form for reporting injuries that has been
revised within the previous 12 months.

2. The administrator shall make available
to physicians and chiropractors any form for reporting injuries that has been
revised within the previous 12 months.

Sec. 37. NRS 616C.040 is
hereby amended to read as follows:

616C.0401. A
treating physician or chiropractor shall, within 3 working days after he first
treats an injured employee for a particular injury, complete and [mail to]file
with the employer of the injured employee and [to]
the employers insurer, a claim for compensation. If the employer is a
self-insured employer, the treating physician or chiropractor shall [mail]file
the claim for compensation [to]with the employers third-party administrator. If the physician or chiropractor files the claim for
compensation by electronic transmission, he shall, upon request, mail to the
insurer or third-party administrator the form that contains the original signatures of the injured employee and the physician or
chiropractor.

signatures of the injured employee
and the physician or chiropractor. The form must be mailed within 7 days after
receiving such a request.

2. A claim for compensation required by
subsection 1 must be on a form prescribed by the administrator.

3. If a claim for compensation is
accompanied by a certificate of disability, the certificate must include a
description of any limitation or restrictions on the injured employees ability
to work.

4. Each physician, chiropractor and
medical facility that treats injured employees, each insurer, third-party
administrator and employer, and the division shall maintain at their offices a
sufficient supply of the forms prescribed by the administrator for filing a
claim for compensation.

5. The administrator shall impose an
administrative fine of not more than $1,000 on a physician or chiropractor for
each violation of subsection 1.

Sec. 38. NRS 616C.045 is
hereby amended to read as follows:

616C.045 1. Within 6 working
days after the receipt of a claim for compensation from a physician or
chiropractor, an employer shall complete and [mail
to]file with his insurer or
third-party administrator an employers report of industrial injury or
occupational disease.

2. The report must:

(a) Be on a form prescribed by the
administrator;

(b) Be signed by the employer or his designee;

(c) Contain specific answers to all questions
required by the regulations of the administrator; and

(d) Be accompanied by a statement of the wages
of the employee if the claim for compensation received from the treating
physician or chiropractor indicates that the injured employee is expected to be
off work for 5 days or more.

3. [An
employee of the system shall not complete the report required by subsection 1
or any other form relating to the accident on behalf of the employer unless the
employer:

(a) Is not in business;

(b) Has not been located
by the system within 5 working days after receipt of a claim for compensation;
or

(c) Refuses to complete
the report.]An employer who files the
report required by subsection 1 by electronic transmission shall, upon request,
mail to the insurer or third-party administrator the form that contains the
original signature of the employer or his designee. The form must be mailed
within 7 days after receiving such a request.

4. The administrator shall impose an
administrative fine of not more than $1,000 on an employer for each violation
of this section.

Sec. 39. NRS 616C.130 is
hereby amended to read as follows:

616C.130 The insurer shall not authorize
the payment of any money to a physician or chiropractor for services rendered
by him in attending an injured employee until an itemized statement for the
services has been received by the insurer accompanied by a certificate of the
physician or chiropractor stating that a duplicate of the itemized statement
has been [mailed or personally delivered to]filed with the employer of the injured employee.

(a) He was hired in this state or he is
regularly employed in this state;

(b) He suffers an accident or injury in this
state which arises out of and in the course of his employment;

(c) He files a claim for compensation with the [system pursuant to NRS 616C.020;

(d) He files written
notice with the] division; and

[(e)](d) He makes an irrevocable assignment to the
division of a right to be subrogated to the rights of the injured employee
pursuant to NRS 616C.215.

2. If the [system]division receives a claim pursuant to subsection
1, the [system]division shall immediately [:

(a) Notify]notify the employer of the claim .[; and

(b) Deliver to the
division any evidence regarding the claim and any evidence indicating that the
employer was uninsured.]

3. For the purposes of this section, the
employer has the burden of proving that he provided mandatory industrial
insurance coverage for the employee or that he was not required to maintain
industrial insurance for the employee.

4. Any employer who has failed to provide
mandatory coverage required by the provisions of chapters 616A to 616D,
inclusive, of NRS is liable for all payments made on his behalf, including any
benefits, administrative costs or attorneys fees paid from the uninsured
employers claim fund or incurred by the division.

5. The division:

(a) May recover from the employer the payments
made by the division that are described in subsection 4 and any accrued
interest by bringing a civil action in district court.

(b) In any civil action brought against the
employer, is not required to prove that negligent conduct by the employer was
the cause of the employees injury.

(c) May enter into a contract with any person to
assist in the collection of any liability of an uninsured employer.

(d) In lieu of a civil action, may enter into an
agreement or settlement regarding the collection of any liability of an
uninsured employer.

6. The division shall:

(a) Determine whether the employer was insured
within 30 days after receiving notice of the claim from the employee.

(b) Assign the claim to the system for
administration of the claim, payment of benefits and reimbursement ofcosts
of administration and benefits paid to the system.

Upon determining that a claim is invalid, the system shall
notify the claimant, the named employer and the division that the claim will
not be assigned for benefits from the uninsured employers claim fund.

7. Any party aggrieved by a decision
regarding the administration of an assigned claim or a decision made by the
division or by the system regarding any claim made pursuant to this section may
appeal that decision within 60 days after the decision is
rendered to the hearings division of the department of administration in the
manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.

within 60 days after the decision is rendered to the
hearings division of the department of administration in the manner provided by
NRS 616C.305 and 616C.315 to 616C.385, inclusive.

8. All insurers shall bear a
proportionate amount of a claim made pursuant to chapters 616A to 616D,
inclusive, of NRS, and are entitled to a proportionate amount of any collection
made pursuant to this section as an offset against future liabilities.

9. An uninsured employer is liable for
the interest on any amount paid on his claims from the uninsured employers
claim fund. The interest must be calculated at a rate equal to the prime rate
at the largest bank in Nevada, as ascertained by the commissioner of financial
institutions, on January 1 or July 1, as the case may be, immediately preceding
the date of the claim, plus 3 percent, compounded monthly, from the date the
claim is paid from the fund until payment is received by the division from the
employer.

10. Attorneys fees recoverable by the
division pursuant to this section must be:

(a) If a private attorney is retained by the
division, paid at the usual and customary rate for that attorney.

(b) If the attorney is an employee of the
division, paid at the rate established by regulations adopted by the division.

Any money collected must be deposited to the uninsured employers
claim fund.

11. In addition to any other liabilities
provided for in this section, the administrator may impose an administrative
fine of not more than $10,000 against an employer if the employer fails to
provide mandatory coverage required by the provisions of chapters 616A to 616D,
inclusive, of NRS.

Sec. 40.5. NRS 616C.235 is
hereby amended to read as follows:

616C.235 1. Except as
otherwise provided in subsection 2:

(a) When the insurer determines that a claim
should be closed before all benefits to which the claimant may be entitled have
been paid, the insurer shall send a written notice of its intention to close
the claim to the claimant by first-class mail addressed to the last known
address of the claimant. The notice must include a statement that if the
claimant does not agree with the determination, he has a right to request a
resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385,
inclusive. A suitable form for requesting a resolution of the dispute must be enclosed
with the notice. The closure of a claim is not effective unless notice is given
as required by this subsection.

(b) If the insurer does not receive a request
for the resolution of the dispute, it may close the claim.

(c) Notwithstanding the provisions of NRS
233B.125, if a hearing is conducted to resolve the dispute, the decision of the
hearing officer may be served by first-class mail.

2. If the medical benefits required to be
paid for a claim are less than $500, the claim closes automatically if the
claimant does not receive medical treatment for the injury for at least [6]12
months. The claimant may not appeal the closing of such a claim.

616C.2551. The
system and each private carrier shall collect a
premium upon the total payroll of every employer insured by the system or private carrier at the rate filed with the
commissioner pursuant to chapter 686B of NRS.

2. Every employer paying this premium is
relieved from furnishing accident benefits, and the accident benefits must be
provided by the system [.]or private carrier.

3. The system or
private carrier is liable for any accident benefits provided in this
section. The account provided for accident benefits must be kept as a separate
account on the records of the system [.]or private carrier.

Sec. 42. NRS 616C.280 is
hereby amended to read as follows:

616C.280 The administrator may withdraw
his approval of an employers providing accident benefits for his employees and
require the employer to pay the premium collected pursuant to NRS 616C.255 if
the employer intentionally:

1. Determines incorrectly that a claimed
injury did not arise out of and in the course of the employees employment;

2. Fails to advise an injured employee of
his rights under chapters 616A to 616D, inclusive, of NRS;

3. Impedes the determination of
disability or benefits by delaying a needed change of an injured employees
physician or chiropractor;

4. Causes an injured employee to file a
legal action to recover any compensation or other medical benefits due him from
the employer;

5. Violates any of his or the [departments]divisions regulations regarding the provision of
accident benefits by employers; or

6. Discriminates against an employee who
claims benefits under chapters 616A to 616D, inclusive, of NRS.

Sec. 43. NRS 616C.285 is
hereby amended to read as follows:

616C.285 1. If an employer
requests a hearing concerning the withdrawal of approval pursuant to NRS
616C.280, the administrator shall set a date for a hearing within 20 days after
receiving the request, and shall give the employer at least 10 business days
notice of the time and place of the hearing.

2. A record of the hearing must be kept , but it need not be transcribed unless it is requested
by the employer and he pays the cost of transcription.

3. Within 5 business days after the
hearing, the administrator shall either affirm or disaffirm the withdrawal of
approval and give the employer written notice thereof by certified mail [.]or electronic
transmission.

Sec. 44. (Deleted by
amendment.)

Sec. 45. NRS 616C.550 is
hereby amended to read as follows:

616C.550 1. Except as
otherwise provided in this section, if benefits for a temporary total
disability will be paid to an injured employee for more than 90 days, a
vocational rehabilitation counselor shall, within 30 days after being assigned
to the claim, make a written assessment of the injured employees ability or
potential to return to:

(1) Whether the employee has any temporary
or permanent physical limitations;

(2) The estimated duration of the
limitations;

(3) Whether there is a plan for continued
medical treatment; and

(4) When the employee may return to the
position that he held at the time of his injury or to any other position. The
treating physician or chiropractor shall determine whether an employee may
return to the position that he held at the time of his injury.

3. The written assessment must contain a
determination as to whether the employee is eligible for vocational
rehabilitation services pursuant to NRS 616C.590. If the insurer, with the
assistance of the counselor, determines that the employee is eligible for
vocational rehabilitation services, a plan for a program of vocational
rehabilitation must be completed pursuant to NRS 616C.555.

4. The division may, by regulation,
require a written assessment to include additional information.

5. If an insurer determines that the
written assessment required by this section is impractical because of the expected
duration of the employees total temporary disability, the insurer shall:

(a) Complete a written report which specifies
his reasons for the decision; and

(b) Review the claim at least once every 60
days.

6. The insurer shall [mail]deliver
a copy of the written assessment or the report completed pursuant to subsection
5 to the injured employee, his employer, the treating physician or chiropractor
and the injured employees attorney or representative, if applicable.

7. For the purposes of this section,
existing marketable skills include, but are not limited to:

(a) Completion of:

(1) A program at a trade school;

(2) A program which resulted in an
associates degree; or

(3) A course of study for certification,

if the program or course of study provided the skills and
training necessary for the injured employee to be gainfully employed on a
reasonably continuous basis in an occupation that is reasonably available in
this state.

(b) Completion of a 2-year or 4-year program at
a college or university which resulted in a degree.

(c) Completion of any portion of a program for a
graduates degree at a college or university.

(d) Skills acquired in previous employment,
including those acquired during an apprenticeship or a program for on-the-job
training.

The skills set forth in paragraphs (a) to (d), inclusive,
must have been acquired within the preceding 7 years and be compatible with the
physical limitations of the injured employee to be considered existing
marketable skills.

Sec. 46. NRS 616C.560 is
hereby amended to read as follows:

616C.560 1. A program for
vocational rehabilitation developed pursuant to subsection 3 of NRS 616C.555
may be extended:

(a) Without condition or limitation, by the
insurer at his sole discretion; or

(b) In accordance with this section if:

(1) The injured employee makes a written
request to extend the program within 30 days after he receives written
notification that he is eligible for vocational rehabilitation services; and

(2) There are exceptional circumstances
which make it unlikely that the injured employee will obtain suitable gainful
employment as a result of vocational rehabilitation which is limited to the
period for which he is eligible.

An insurers determination to grant or deny an extension
pursuant to paragraph (a) may not be appealed.

2. If an injured employee has incurred a
permanent physical impairment of less than 11 percent:

(a) The total length of the program, including
any extension, must not exceed 1 year.

(b) Exceptional circumstances shall be deemed
to exist for the purposes of paragraph (b) of subsection 1, if:

(1) The injured employee lacks work
experience, training, education or other transferable skills for an occupation
which he is physically capable of performing; or

(2) Severe physical restrictions as a
result of the industrial injury have been imposed by a physician which significantly
limit the employees occupational opportunities.

3. If an injured employee has incurred a
permanent physical impairment of 11 percent or more:

(a) The total length of the program, including
any extension, must not exceed 2 years.

(b) Exceptional circumstances shall be deemed
to exist for the purposes of paragraph (b) of subsection 1, if the injured
employee has suffered:

(1) The total and permanent loss of sight
of both eyes;

(2) The loss by separation of a leg at or
above the knee;

(3) The loss by separation of a hand at
or above the wrist;

(4) An injury to the head or spine which
results in permanent and complete paralysis of both legs, both arms or a leg
and an arm;

(5) An injury to the head which results
in a severe cognitive functional impairment which may be established by a
nationally recognized form of objective psychological testing;

(6) The loss by separation of an arm at
or above the elbow and the loss by separation of a leg at or above the knee;

(7) An injury consisting of second or
third degree burns on 50 percent or more of the body, both hands or the face;

(8) A total bilateral loss of hearing;

(9) The total loss or significant and
permanent impairment of speech; or

(10) A permanent physical impairment of
50 percent or more determined pursuant to NRS 616C.490, if the severity of the
impairment limits the injured employees gainful employment to vocations that
are primarily intellectual and require a longer program of education.

4. The insurer shall [mail]deliver
a copy of its decision granting or denying an extension to the injured employee
and the employer. Except as otherwise provided in this section, the decision
shall be deemed to be a final determination of the insurer for the purposes of
NRS 616C.315.

Sec. 47. (Deleted by
amendment.)

Sec. 48. NRS 616C.585 is
hereby amended to read as follows:

616C.585 1. Except as
otherwise provided in subsection 2, vocational rehabilitation services ordered
by an insurer, a hearing officer or an appeals officer must not include the
following goods and services:

(a) A motor vehicle.

(b) Repairs to an injured employees motor vehicle.

(c) Tools and equipment normally provided to the
injured employee by his employer during the course of his employment.

(d) Care for the injured employees children.

2. An injured employee is entitled to
receive the goods and services set forth in subsection 1 only if his insurer
determines that such goods and services are reasonably necessary. [If the system makes such a determination, the employer
of the injured employee may appeal that determination to the manager pursuant
to NRS 616B.215.]

3. Vocational rehabilitation services
ordered by an insurer may include the formal education of the injured employee
only if:

(a) The priorities set forth in NRS 616C.530 for
returning an injured employee to work are followed;

(b) The education is recommended by a plan for a
program of vocational rehabilitation developed pursuant to NRS 616C.555; and

(c) A written proposal concerning the probable
economic benefits to the employee and the necessity of the education is
submitted to the insurer.

Sec. 49. NRS 616C.590 is
hereby amended to read as follows:

616C.5901. Except as
otherwise provided in this section, an injured employee is not eligible for
vocational rehabilitation services, unless:

(a) The treating physician or chiropractor
approves the return of the injured employee to work but imposes permanent
restrictions that prevent the injured employee from returning to the position
that he held at the time of his injury;

(b) The injured employees employer does not
offer employment that the employee is eligible for considering the restrictions
imposed pursuant to paragraph (a); and

(c) The injured employee is unable to return to
gainful employment at a gross wage that is equal to or greater than 80 percent
of the gross wage that he was earning at the time of his injury.

2. If the treating physician or
chiropractor imposes permanent restrictions on the injured employee for the
purposes of paragraph (a) of subsection 1, he shall specify in writing:

(a) The medically objective findings upon which
his determination is based; and

(b) A detailed description of the restrictions.

The treating physician or chiropractor shall [mail]deliver
a copy of the findings and the description of the restrictions to the insurer.

3. If there is a question as to whether
the restrictions imposed upon the injured employee are permanent, the employee
may receive vocational rehabilitation services until a final determination
concerning the duration of the restrictions is made.

4. Vocational rehabilitation services
must cease as soon as the injured employee is no longer eligible for the
services pursuant to subsection 1.

5. An injured employee is not entitled to
vocational rehabilitation services solely because the position that he held at
the time of his injury is no longer available.

6. An injured employee or his dependents
are not entitled to accrue or be paid any money for vocational rehabilitation
services during the time the injured employee is incarcerated.

7. Any injured employee eligible for
compensation other than accident benefits may not be paid those benefits if he
refuses counseling, training or other vocational rehabilitation services
offered by the insurer. Except as otherwise provided in NRS 616B.185, an
injured employee shall be deemed to have refused counseling, training and other
vocational rehabilitation services while he is incarcerated.

8. If an insurer cannot locate an injured
employee for whom it has ordered vocational rehabilitation services, the
insurer may close his claim 21 days after the insurer determines that the
employee cannot be located. The insurer must make a reasonable effort to locate
the employee.

9. The reappearance of the injured
employee after his claim has been closed does not automatically reinstate his
eligibility for vocational rehabilitation benefits. If the employee wishes to
reestablish his eligibility for such benefits, he must file a written
application with the insurer to reinstate his claim. The insurer shall
reinstate the employees claim if good cause is shown for the employees
absence.

Sec. 50. NRS 616D.200 is
hereby amended to read as follows:

616D.200 1. If the [manager]administrator
finds that an employer within the provisions of NRS 616B.633:

(a) Has failed to provide and secure
compensation as required by the terms of chapters 616A to 616D, inclusive, of
NRS; or

(b) Has provided and secured such compensation
but has failed to maintain that compensation,

he shall make a determination thereon and may charge the
employer an amount of not more than three times the premiums that would
otherwise have been owed to the system pursuant to the terms of chapters 616A
to 616D, inclusive, for the period that the employer was doing business in this
state without providing, securing or maintaining that compensation, but not to
exceed 6 years.

2. The [manager
shall mail]administrator shall
deliver a copy of his determination to the employer. An employer who is
aggrieved by the [managers]
determination of the administrator may appeal
from the determination pursuant to subsection 2 of NRS 616D.220.

3. Any employer within the provisions of
NRS 616B.633 who fails to provide, secure or maintain compensation as required
by the terms of chapters 616A to 616D, inclusive, of NRS, is:

(a) For the first offense, guilty of a gross
misdemeanor.

(b) For a second or subsequent offense committed
within 7 years after the previous offense, guilty of a category [D]C felony
and shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the
amount charged pursuant to subsection 1.

Sec. 51. NRS 616D.220 is
hereby amended to read as follows:

616D.2201. If the [manager]administrator
finds that any employer or any employee, officer or agent of any employer has
knowingly:

(a) Made a false statement or has knowingly
failed to report a material fact concerning the amount of payroll upon which a
premium is based; or

(b) Misrepresented the classification or duties
of an employee,

he shall make a determination thereon and charge the
employers account an amount equal to three times the amount of the premium
due. The [manager shall mail]administrator shall deliver a copy of his determination
to the employer.

2. An employer who is aggrieved by the [managers] determination of the administrator may appeal from the determination
by filing a request for a hearing. The request must be filed within 30 days
after the date on which a copy of the determination was [mailed]delivered to the employer. The [manager]administrator
shall hold a hearing within 30 days after he receives the request. The
determination of the [manager]administrator made pursuant to a hearing is a final
decision for the purposes of judicial review. The amount
of the determination as finally decided by the administrator becomes due within
30 days after the determination is served on the employer.

3. A person who knowingly:

(a) Makes a false statement or representation or
who knowingly fails to report a material fact concerning the amount of payroll
upon which a premium is based; or

(b) Misrepresents the classification or duties
of an employee,

is guilty of a gross misdemeanor. Any criminal penalty
imposed must be in addition to the amount charged pursuant to subsection 1.

Sec. 52. NRS 616D.230 is
hereby amended to read as follows:

616D.2301. An
employer who fails to pay an amount of money charged to him pursuant to the
provisions of NRS 616D.200 or 616D.220 is liable in a civil action commenced by
the attorney general for:

(a) Any amount charged to the employer by the [manager]administrator
pursuant to NRS 616D.200 or 616D.220;

(b) Not more than $10,000 for each act of
willful deception;

(c) An amount equal to three times the total
amount of the reasonable expenses incurred by the state in enforcing this
section; and

(d) Payment of interest on the amount charged at
the rate fixed pursuant to NRS 99.040 for the period from the date upon which
the amount charged was due to the date upon which the amount charged is paid.

2. A criminal action need not be brought
against an employer described in subsection 1 before civil liability attaches
under this section.

3. Any payment of money charged pursuant
to the provisions of NRS 616D.200 or 616D.220 and collected pursuant to
paragraph (a) or (d) of subsection 1 must be paid [to
the system. The system shall deposit the money with the state treasurer for
credit to the state insurance]into the
uninsured employers claim fund.

4. Any penalty collected pursuant to
paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other
expenses of the fraud control unit for industrial insurance established pursuant
to the provisions of NRS 228.420. Any money remaining at the end of any fiscal
year does not revert to the state general fund.

Sec. 53. NRS 616D.260 is
hereby amended to read as follows:

616D.260 1. If an employer
refuses to produce any book, record, payroll report or other document in
conjunction with an audit conducted by the system , a
private carrier or the department of taxation to verify the employers
premium, the [manager]administrator may issue a subpoena to require the
production of that document.

2. If an employer refuses to produce any
document as required by the subpoena, the [manager]administrator may report to the district
court by petition, setting forth that:

(a) Due notice has been given of the time and
place of the production of the document;

(b) The employer has been subpoenaed by the [manager]administrator
pursuant to this section; and

(c) The employer has failed or refused to
produce the document required by the subpoena,

and asking for an order of the court compelling the employer
to produce the document.

3. Upon such petition, the court shall
enter an order directing the employer to appear before the court at a time and
place to be fixed by the court in its order, the time to be not more than 10
days [from]after
the date of the order, and to show cause why he has not produced the document.
A certified copy of the order must be served upon the employer.

4. If it appears to the court that the
subpoena was regularly issued by the [manager,]administrator, the court shall enter an order
that the employer produce the required document at the time and place fixed in
the order. Failure to obey the order constitutes contempt of court.

Sec. 54. NRS 616D.440 is
hereby amended to read as follows:

616D.4401. An
insurer may withhold any payment due a provider of health care pursuant to the
provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, in whole
or in part, upon receipt of reliable evidence that the provider of health care
knowingly made a false statement or representation or knowingly concealed a
material fact to obtain the payment. The insurer may withhold such a payment
without first notifying the provider of health care of its intention to do so.

2. The insurer shall, within 5 days after
withholding such a payment, send notice of the withholding to the provider of
health care by certified mail [.]or electronic transmission. The notice must:

(a) Set forth the factual basis for the
withholding, but need not disclose specific information regarding the insurers
investigation;

(b) Indicate that the payment is being withheld
pursuant to the provisions of this section;

(c) Indicate that the payment is being withheld
temporarily, as set forth in subsection 4, and describe the circumstances under
which the withholding will be terminated;

(d) Specify the charge submitted by the provider
of health care for which the payment is being withheld; and

(e) Notify the provider of health care of his
right to appeal the withholding.

3. A provider of health care may appeal
the decision of the insurer to withhold payment to an appeals officer pursuant
to NRS 616C.360.

4. Any payment withheld pursuant to the
provisions of this section must be made to the provider of health care if:

(a) The insurer or the attorney general
determines that there is insufficient evidence to prove that the provider of
health care knowingly made a false statement or representation or knowingly
concealed a material fact to obtain the payment; or

(b) A final judgment or decree was rendered in
favor of the provider of health care in a criminal proceeding arising out of
the alleged misconduct.

Sec. 55. (Deleted by
amendment.)

Sec. 56. NRS 617.207 is
hereby amended to read as follows:

617.2071. If a
quasi-public or private corporation is required to be insured under this
chapter, an officer of the corporation who:

(a) Receives pay for service performed shall be
deemed for the purposes of this chapter to receive a minimum pay of $6,000 per
calendar year and a maximum pay of $36,000 per calendar year.

(b) Does not receive pay for services performed
shall be deemed for the purposes of this chapter to receive a minimum pay of
$500 per month or $6,000 per calendar year.

2. An officer who does not receive pay
for services performed may elect to reject coverage by filing written notice
thereof with the corporation and the [system.]insurer. The rejection is effective upon receipt
of the notice by the [system.]insurer.

3. An officer who has rejected coverage
may rescind that rejection by filing written notice thereof with the
corporation and the [system.]insurer. The rescission is effective upon receipt of
the notice by the [system.]insurer.

Sec. 57. NRS 617.342 is
hereby amended to read as follows:

617.3421. An
employee or, in the event of the employees death, one of his dependents, shall
provide written notice of an occupational disease for which compensation is
payable under this chapter to the employer of the employee as soon as
practicable, but within 7 days after the employee or dependent has knowledge of
the disability and its relationship to the employees employment.

(a) Be on a form prescribed by the
administrator. The form must allow the employee or his dependent to describe
briefly the circumstances which caused the disease or death.

(b) Be signed by the employee or by a person on
his behalf, or in the event of the employees death, by one of his dependents
or by a person acting on behalf of the dependent.

(c) Include an explanation of the procedure for
filing a claim for compensation.

(d) Be prepared in duplicate so that the
employee or his dependent and the employer can retain a copy of the notice.

3. Upon receipt of the notice required by
subsection 1, the employer, the employees supervisor or the agent of the
employer who was in charge of the type of work performed by the employee shall
sign the notice. The signature of the employer, the supervisor or the
employers agent is an acknowledgment of the receipt of the notice and shall
not be deemed to be a waiver of any of the employers defenses or rights.

4. An employer shall maintain a
sufficient supply of the forms required to file the notice required by
subsection 1 for use by his employees.

5. An employer shall retain any notice
provided pursuant to subsection 1 for 3 years after the date of the receipt of
the notice. An employer insured by the system or a
private carrier shall not file a notice of injury with the system [.]or the private
carrier.

Sec. 58. NRS 617.352 is
hereby amended to read as follows:

617.352 1. A treating
physician or chiropractor shall, within 3 working days after he first treats an
employee who has incurred an occupational disease, complete and [mail to]file
with the employer of the employee and [to]
the employers insurer, a claim for compensation. If the employer is a
self-insured employer, the treating physician or chiropractor shall [mail]file
the claim for compensation [to]with the employers third-party administrator. If the physician or chiropractor files the claim for
compensation by electronic transmission, he shall, upon request, mail to the
insurer or third-party administrator the form that contains the original
signatures of the employee and the physician or chiropractor. The form must be
mailed within 7 days after receiving such a request.

2. A claim for compensation required by
subsection 1 must be on a form prescribed by the administrator.

3. If a claim for compensation is
accompanied by a certificate of disability, the certificate must include a
description of any limitation or restrictions on the employees ability to
work.

4. Each physician, chiropractor and
medical facility that treats employees who have incurred occupational diseases,
each insurer, third-party administrator and employer, and the division shall
maintain at their offices a sufficient supply of the forms prescribed by the
administrator for filing a claim for compensation.

5. The administrator shall impose an
administrative fine of not more than $1,000 against a physician or chiropractor
for each violation of subsection 1.

617.354 1. Within 6 working
days after the receipt of a claim for compensation from a physician or
chiropractor, an employer shall complete and [mail
to]file with his insurer or
third-party administrator an employers report of industrial injury or
occupational disease.

2. The report must:

(a) Be on a form prescribed by the
administrator;

(b) Be signed by the employer or his designee;

(c) Contain specific answers to all questions
required by the regulations of the department; and

(d) Be accompanied by a statement of the wages
of the employee if the claim for compensation received from the treating
physician or chiropractor indicates that the employee is expected to be off
work for 5 days or more.

3. [An
employee of the system shall not complete the report required by subsection 1
or any other form relating to the occupational disease on behalf of the
employer unless the employer:

(a) Is not in business;

(b) Has not been located
by the system within 5 working days after receipt of a claim for compensation;
or

(c) Refuses to complete
the report.]An employer who files the
report required by subsection 1 by electronic transmission shall, upon request,
mail to the insurer or third-party administrator the form that contains the
original signature of the employer or his designee. The form must be mailed
within 7 days after receiving such a request.

4. The
administrator shall impose an administrative fine of not more than $1,000
against an employer for each violation of this section.

Sec. 60. NRS 617.401 is
hereby amended to read as follows:

617.4011. An
employee may receive compensation from the uninsured employers claim fund if:

(a) He was hired in this state or he is
regularly employed in this state;

(b) He contracts an occupational disease as a
result of work performed in this state;

(c) He files a claim for compensation with the [system pursuant to NRS 617.344;

(d) He files a written
notice with the] division; and

[(e)](d) He makes an irrevocable assignment to the
division of a right to be subrogated to the rights of the employee pursuant to
NRS 616C.215.

2. If the [system]division receives a claim pursuant to subsection
1, the [system]division shall immediately [:

(a) Notify]notify the employer of the claim .[;

(b) Deliver to the
claimant any forms necessary to make a claim pursuant to this section; and

(c) Notify the division
of the claim by sending a copy of the claim, any evidence regarding the claim
and any evidence indicating that the employer was uninsured.]

3. For the purposes of this section, the
employer has the burden of proving that he provided mandatory coverage for
occupational diseases for the employee or that he was not required to maintain
industrial insurance for the employee.

4. Any employer who has failed to provide
mandatory coverage required by the provisions of this chapter is liable for all
payments made on his behalf, including, but not limited to, any benefits,
administrative costs or attorneys fees paid from the uninsured employers
claim fund or incurred by the division.

5. The division:

(a) May recover from the employer the payments
made by the division that are described in subsection 4 and any accrued
interest by bringing a civil action in district court.

(b) In any civil action brought against the
employer, is not required to prove that negligent conduct by the employer was
the cause of the occupational disease.

(c) May enter into a contract with any person to
assist in the collection of any liability of an uninsured employer.

(d) In lieu of a civil action, may enter into an
agreement or settlement regarding the collection of any liability of an
uninsured employer.

6. The division shall:

(a) Determine whether the employer was insured
within 30 days after receiving [notice of]
the claim from the employee.

(b) Assign the claim to the system for administration
of the claim, payment of benefits and reimbursement ofcosts of
administration and benefits paid to the system.

Upon determining that a claim is invalid, the system shall
notify the claimant, the named employer and the division that the claim will
not be assigned for benefits from the uninsured employers claim fund.

7. Any party aggrieved by a decision
regarding the administration of an assigned claim or a decision made by the
division or by the system regarding any claim made pursuant to this section may
appeal that decision within 60 days after the decision is rendered to the
hearings division of the department of administration in the manner provided by
NRS 616C.305 and 616C.315 to 616C.385, inclusive.

8. All insurers shall bear a proportionate
amount of a claim made pursuant to this chapter, and are entitled to a
proportionate amount of any collection made pursuant to this section as an
offset against future liabilities.

9. An uninsured employer is liable for
the interest on any amount paid on his claims from the uninsured employers
claim fund. The interest must be calculated at a rate equal to the prime rate
at the largest bank in Nevada, as ascertained by the commissioner of financial
institutions, on January 1 or July 1, as the case may be, immediately preceding
the date of the claim, plus 3 percent, compounded monthly, from the date the
claim is paid from the fund until payment is received by the division from the
employer.

10. Attorneys fees recoverable by the
division pursuant to this section must be:

(a) If a private attorney is retained by the
division, paid at the usual and customary rate for that attorney.

(b) If the attorney is an employee of the
division, paid at the rate established by regulations adopted by the division.

Any money collected must be deposited to the uninsured
employers claim fund.

11. In addition to any other liabilities
provided for in this section, the administrator may impose an administrative
fine of not more than $10,000 against an employer if the employer fails to
provide mandatory coverage required by the provisions of this chapter.

Sec. 61. NRS 218.5377 is hereby
amended to read as follows:

218.5377 The committee:

1. May review issues related to workers
compensation.

2. May study the desirability of
establishing a preferred employee program which provides exemptions from the
payment of premiums and other financial incentives for employers who provide
suitable employment for injured employees and any other program for returning
injured employees to work.

3. May review the manner used by the
division of industrial relations of the department of business and industry to
rate physical impairments of injured employees.

4. Shall, to ensure the solvency of the
state industrial insurance system:

(a) Review and study the financial condition of
the state industrial insurance system; and

(b) Determine the extent of any apparent
insolvency of the system .[; and

(c) Establish a formula
which will be applied to calculate a surcharge that is equal in amount to any
deficiency in the cumulative amount of premiums paid by an employer who is
subject to the provisions of NRS 616B.110.]

5. May conduct investigations and hold
hearings in connection with carrying out its duties pursuant to this section.

6. May direct the legislative counsel
bureau to assist in its research, investigations, hearings and reviews.

Sec. 62. NRS 680B.060 is
hereby amended to read as follows:

680B.0601. Except as
otherwise provided in subsection 6, the taxes imposed under NRS 680B.027 must
be collected by the department of taxation and promptly deposited with the
state treasurer for credit to the state general fund.

2. If the tax is not paid by the insurer
on or before the date required for payment, the tax then becomes delinquent,
and payment thereof may be enforced by court action instituted on behalf of the
state by the attorney general. The attorney general may employ additional
counsel in the city where the home office of the insurer is located, subject to
approval of compensation for such services by the state board of examiners. The
administrative and substantive enforcement provisions of chapters 360 and 372
of NRS apply to the enforcement of the taxes imposed under NRS 680B.027.

3. Upon the tax becoming delinquent , the executive director of the department of taxation
shall notify the commissioner, who shall suspend or revoke the insurers
certificate of authority pursuant to NRS 680A.190.

4. If a dispute arises between an insurer
and the state as to the amount of tax, if any, payable, the insurer is entitled
to pay under protest the tax in the amount assessed by the department of
taxation, without waiving or otherwise affecting any right of the insurer to
recover any amount determined, through appropriate legal action taken by the
insurer against the department of taxation, to have been
in excess of the amount of tax lawfully payable.

department of taxation, to have been in excess of the amount
of tax lawfully payable.

5. Except as otherwise provided in
subsection 6, all taxes, fees, licenses, fines and charges collected under this
code, including the general premium tax provided for under NRS 680B.027 and as
increased in any instances pursuant to NRS 680A.330, must be promptly deposited
with the state treasurer for credit to the state general fund.

6. The taxes collected pursuant to NRS
680B.027 from insurers that are writing industrial insurance in this state,
including the state industrial insurance system, which are attributable to
industrial insurance must be promptly deposited with the state treasurer for
credit to the account for the administration of extended
claims established in the state insurance fund pursuant
to section 9 of this act, until the commissioner notifies the state
treasurer that the balance in the [state
insurance fund is sufficient to ensure the solvency of the state industrial
insurance system.]account is sufficient
to satisfy all obligations and liabilities of the account as they become due.
Upon receipt of such a notice, the state treasurer shall discontinue depositing
the taxes in the [state insurance fund]account and shall deposit the taxes collected
from these insurers for credit to the state general fund.

Sec. 62.5. NRS 686B.1759 is
hereby amended to read as follows:

686B.1759 Insurer [includes]means
the state industrial insurance system and all private carriers authorized to
provide industrial insurance in this state.

Sec. 63. NRS 686B.1765 is
hereby amended to read as follows:

686B.1765 The advisory organization may:

1. Develop statistical plans including
definitions for the classification of risks.

2. Collect statistical data from its
members and subscribers or any other reliable source.

3. Prepare and distribute data on expenses and the basic premium rate or rates, adjusted
for expected [subsequent] changes
in reported losses and expenses and for trends in
losses [,]and
expenses, according to its statistical plan. [The
data and adjustments must be sufficiently detailed for insurers to modify the
basic premium rate based on their own methods of rating or interpretations of
the underlying data.]

4. Prepare and distribute manuals of
rules and schedules for rating which do not permit calculating the final rates
without using information other than the information in the manual.

5. Distribute any information filed with
the commissioner which is open to public inspection.

6. Conduct research and collect
statistics to discover, identify and classify information on the causes and
prevention of losses.

7. Prepare and file forms and
endorsements for policies and consult with its members, subscribers and any
other knowledgeable persons on their use.

8. Collect, compile and distribute
information on the past and current premiums charged by individual insurers if
the information is available for public inspection.

9. Conduct research and collect information
to determine what effect changes in benefits to injured employees pursuant to
chapters 616A to 617, inclusive, of NRS will have on the basic premium rate or
rates.

10. Prepare and distribute rules and
rating values for the uniform plan for rating experience.

11. Calculate and provide to the insurer
the modification of premiums based on the individual employers losses.

12. Assist an individual insurer to
develop rates, supplementary rate information or other supporting information
if authorized to do so by the insurer.

Sec. 64. NRS 686B.1765 is
hereby amended to read as follows:

686B.1765 The advisory organization may:

1. Develop statistical plans including
definitions for the classification of risks.

2. Collect statistical data from its
members and subscribers or any other reliable source.

3. Prepare and distribute data on [expenses and] the basic premium rate or
rates, adjusted for expected changes in reported losses [and
expenses] and for trends in losses ,[and expenses,] according to its
statistical plan.

4. Prepare and distribute manuals of
rules and schedules for rating which do not permit calculating the final rates
without using information other than the information in the manual.

5. Distribute any information filed with
the commissioner which is open to public inspection.

6. Conduct research and collect
statistics to discover, identify and classify information on the causes and
prevention of losses.

7. Prepare and file forms and
endorsements for policies and consult with its members, subscribers and any
other knowledgeable persons on their use.

8. Collect, compile and distribute
information on the past and current premiums charged by individual insurers if
the information is available for public inspection.

9. Conduct research and collect
information to determine what effect changes in benefits to injured employees
pursuant to chapters 616A to 617, inclusive, of NRS will have on the basic
premium rate or rates.

10. Prepare and distribute rules and
rating values for the uniform plan for rating experience.

11. Calculate and provide to the insurer
the modification of premiums based on the individual employers losses.

12. Assist an individual insurer to
develop rates, supplementary rate information or other supporting information
if authorized to do so by the insurer.

Sec. 65. NRS 686B.1767 is
hereby amended to read as follows:

686B.1767An advisory organization
shall not [:

1. Compile or
distribute recommendations concerning rates which include expenses, other than
expenses to adjust losses or profit; or

686B.177 1. The advisory
organization shall file with the commissioner a copy of every basic premium
rate, the portion of the rate that is allowable for
expenses as determined by the advisory organization, every manual of
rating rules, every rating schedule and every change, amendment or modification
to them which is proposed for use in this state at least 60 days before they
are distributed to the organizations members, subscribers or other persons.
The rates shall be deemed to be approved unless they are disapproved by the
commissioner within 60 days after they are filed.

2. The commissioner shall report any
changes in rates or in the uniform plan for rating experience, the uniform
statistical plan or the uniform system of classification, when approved, to the
director of the legislative counsel bureau.

3. The rates filed
by the advisory organization and approved by the commissioner apply to every
insurer. In no case may an insurers rate be less than the approved rate by
more than the following percentages:

(a) For the period
beginning on July 1, 1999, and ending on June 30, 2000, no variance.

(b) For the period
beginning on July 1, 2000, and ending on June 30, 2001, no more than a 5
percent variance.

(c) For the period
beginning on July 1, 2001, and ending on June 30, 2002, no more than a 10
percent variance.

(d) For the period
beginning on July 1, 2002, and ending on June 30, 2003, no more than a 15
percent variance.

Sec. 68. NRS 686B.177 is
hereby amended to read as follows:

686B.177 1. The advisory
organization shall file with the commissioner a copy of every basic premium
rate, [the portion of the rate that is allowable
for expenses as determined by the advisory organization,] every
manual of rating rules, every rating schedule and every change, amendment or
modification to them which is proposed for use in this state at least 60 days
before they are distributed to the organizations members, subscribers or other
persons. The rates shall be deemed to be approved unless they are disapproved
by the commissioner within 60 days after they are filed.

2. The commissioner shall report any
changes in rates or in the uniform plan for rating experience, the uniform
statistical plan or the uniform system of classification, when approved, to the
director of the legislative counsel bureau.

3. The rates filed by the advisory
organization and approved by the commissioner apply to every insurer. In no
case may an insurers rate be less than the approved rate by more than the
following percentages:

(a) For the period beginning on July 1, 1999,
and ending on June 30, 2000, no variance.

(b) For the period beginning on July 1, 2000,
and ending on June 30, 2001, no more than a 5 percent variance.

(c) For the period beginning on July 1, 2001,
and ending on June 30, 2002, no more than a 10 percent variance.

(d) For the period beginning on July 1, 2002,
and ending on June 30, 2003, no more than a 15 percent variance.

Sec. 69. (Deleted by
amendment.)

Sec. 70. NRS 686B.1775 is
hereby amended to read as follows:

686B.1775 1. [If the interaction among insurers and employers is
presumed or found to be competitive, each insurer shall file with the
commissioner all the rates and supplementary rate information, except any
information filed by the advisory organization, which the insurer intends to
use in this state. The insurer shall file the rates and supplementary rate
information not later than 15 days after the date the rates become effective.
An insurer may adopt by reference, with or without a deviation, the rates or
supplementary rate information filed by any other insurer.

2. If the
commissioner has issued a finding that the interaction is not competitive, each]Each insurer shall file with the commissioner all
the rates and supplementary rate information, except for the information filed
by the advisory organization, at least 60 days before the rates become
effective. If the information supplied by an insurer pursuant to this
subsection is insufficient, the commissioner shall notify the insurer and the
information shall be deemed to be filed when all the information requested by
the commissioner is received by him.

[3. If,
after notice to the insurer and a hearing, the commissioner finds that an
insurers rates require supervision because of the insurers financial
condition or because of rating practices which are unfairly discriminatory, the
commissioner shall order the insurer to file its rates, supplementary rate information
and any other information required by the commissioner, at least 60 days before
they become effective.

4.]2. For any filing made by an insurer
pursuant to this section, the commissioner may authorize an earlier effective
date for the rates upon a written request from the insurer.

[5.]3. Every rate filed by an insurer must be
filed in the form and manner prescribed by the commissioner.

4. A rate filed
with the commissioner pursuant to this section that becomes effective before
July 1, 2000, may not be increased or decreased until July 1, 2000.

Sec. 71. NRS 686B.1775 is
hereby amended to read as follows:

686B.1775 1. [Each]If the
interaction among insurers and employers is presumed or found to be
competitive, each insurer shall file with the commissioner all the rates and
supplementary rate information, except any information filed by the advisory
organization, which the insurer intends to use in this state. The insurer shall
file the rates and supplementary rate information not later than 15 days after
the date the rates become effective. An insurer may adopt by reference, with or
without a deviation, the rates or supplementary rate information filed by any
other insurer.

2. If the
commissioner has issued a finding that the interaction is not competitive,each insurer shall file with the commissioner all
the rates and supplementary rate information, except for the information filed
by the advisory organization, at least 60 days before the rates become
effective. If the information supplied by an insurer pursuant to this
subsection is insufficient, the commissioner shall notify the insurer and the
information shall be deemed to be filed when all the information requested by
the commissioner is received by him.

[2.]3.If, after notice
to the insurer and a hearing, the commissioner finds that an insurers rates
require supervision because of the insurers financial condition or because of
rating practices which are unfairly discriminatory, the commissioner shall
order the insurer to file its rates, supplementary rate information and any
other information required by the commissioner, at least 60 days before they
become effective.

4. For any
filing made by an insurer pursuant to this section, the commissioner may
authorize an earlier effective date for the rates upon a written request from
the insurer.

[3.]5. Every rate filed by an insurer must be
filed in the form and manner prescribed by the commissioner.

[4. A rate
filed with the commissioner pursuant to this section that becomes effective
before July 1, 2000, may not be increased or decreased until July 1, 2000.]

Sec. 72. NRS 686B.1777 is
hereby amended to read as follows:

686B.1777 1. If the
commissioner finds that:

(a) [The
interaction among insurers is not competitive;

(b)] The
rates filed by insurers [whose interaction is
competitive] are inadequate or unfairly discriminatory; or

[(c)](b) The rates violate the provisions of this
chapter,

the commissioner may require the insurers to file
information supporting their existing rates. Before the commissioner may
disapprove those rates, he shall notify the insurers and hold a hearing on the rates
and the supplementary rate information.

2. The commissioner may disapprove any
rate [which must be filed before it becomes
effective] without a hearing. Any insurer whose rates are
disapproved in this manner may request in writing and within 30 days after the
disapproval that the commissioner conduct a hearing on the matter.

Sec. 73. NRS 686B.1777 is
hereby amended to read as follows:

686B.1777 1. If the
commissioner finds that:

(a) The interaction among
insurers is not competitive;

(b) The rates
filed by insurers whose interaction is competitive
are inadequate or unfairly discriminatory; or

[(b)](c) The rates violate the provisions of this
chapter,

the commissioner may require the insurers to file
information supporting their existing rates. Before the commissioner may
disapprove those rates, he shall notify the insurers and hold a hearing on the
rates and the supplementary rate information.

2. The commissioner may disapprove any
rate which must be filed before it becomeseffective without a hearing. Any insurer whose rates
are disapproved in this manner may request in writing and
within 30 days after the disapproval that the commissioner conduct a hearing on
the matter.

[(c)]3. All insurers against whom a claim under
an insurance contract may arise in this state;

[(d)]4. All persons in the process of
organization, or holding themselves out as organizing, or proposing to organize
in this state for the purpose of becoming an insurer; and

[(e)]5. All other persons to whom such
provisions are otherwise expressly made applicable by law.

[2. The
provisions of this chapter do not apply to the state industrial insurance
system for the purpose of determining and imposing an insolvency surcharge
pursuant to NRS 616B.110.]

Sec. 77. Section 6 of this act
is hereby amended to read as follows:

Sec. 6. In
addition to the authority given the manager to determine and fix premium rates
pursuant to NRS [616B.206 and]
616B.218 to 616B.230, inclusive, the manager may establish a plan for
classifying employers insured by the system as small
employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

employers insured by the system as
small employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of
NRS. Upon establishing such a plan, the manager may, with the approval of the
commissioner, determine and fix the premium rates of those employers pursuant
to the plan.

Sec. 77.5. Section 7 of this act
is hereby amended to read as follows:

Sec. 7. [The manager]An
insurer may establish a plan to review small employers who are insured
by the [system]insurer to encourage such employers to maintain their
loss experience at the lowest possible level.

2. Section 68
of this act becomes effective at 12:01 a.m. on July 1, 1995.

3. Section 161 of this act becomes effective on July 1, 2003.

4. The
remaining sections of this act become effective:

(a) Upon passage and
approval for the purposes of:

(1) The adoption
of regulations by the commissioner of insurance and the administrator of the
division of industrial relations of the department of business and industry.

(2) The
qualification of private carriers to sell industrial insurance.

(3) The
designation of a licensed advisory organization by the commissioner and the
initial filing of classifications of risk, the uniform plan for rating
experience and the uniform statistical plan, by that organization.

(4) The
inspection of the records of the system, the Nevada industrial commission and
the administrator with respect to the self-insured employers, by the
commissioner and the advisory organization.

(5) The filing,
by private carriers and the system, of rates to be used by them.